WEST BENGAL PANCHAYAT ELECTIONS RULES, 2006[1] In exercise of the power
conferred by sub-section (1) read with subsection (2) of section 135 of the
West Bengal Panchayat Elections Act, 2003 (West Ben. Act XXI of 2003), the
Governor is pleased hereby to make the following rules: PART I Preliminary (1)
These rules may be called the West Bengal Panchayat Elections
Rules, 2006. (2)
They shall come into force on the date of their publication in the
Official Gazette. (1)
In these rules, unless the content requires otherwise. (a)
"Act" means the West Bengal Panchayat Elections Act,
2003; (b)
"ballot box" includes any box, bag or other receptacle
used for the insertion of ballot papers by electors; (c)
"ballot paper" means a paper in which the names of the
candidates nominated for a certain election and their respective symbols are
printed and includes the counterfoil of such paper; (d)
"bye-election" means election or elections to fill
casual vacancies from one or more seats or constituencies in a Gram Panchayat,
Panchayat Samiti, Mahakuma Parishad or Zilla Parishad; (e)
"Commissioner" means the State Election Commissioner
referred to in sub-section (1) of section 3 of the West Bengal State Election
Commission Act, 1994 (West Ben. Act VIII of 1994); (f)
"electoral roll" means the electoral roll for a
constituency of Gram Panchayat relating to a Block; (g)
"EPIC" means the Electoral Photo Identity Card issued to
an elector under the direction of the Election Commission of India; (h)
"EVM" means an Electronic Voting Machine which is
operated electronically for giving or recording votes; (i)
"Form" means a Form appended to these rules and includes
a translated version of such Form in Bengali or Nepali language; (j)
"general election" means elections to one or more Gram
Panchayats, Panchayat Samitis, Mahakuma Parishads or Zilla Parishads in a
specified area from all the constituencies of such bodies for the purpose of
their reconstitution: (k)
"local political party" means, with respect to a
sub-division of a district, a political party declared as such by the
Commissioner by order from time to time and such order in respect of that
political party remaining in force on the date appointed under clause (a) of
rule 28. Explanation. A political party
shall be declared to be political party if that party (i)
has been engaged in political activity for a continuous period
of preceding five years, and (ii)
at the time of declaration, has at least one elected member in any
tier of Panchayats for every existing twenty-five members or any fraction
thereof, elected to that tier of Panchayats from the area of a sub-division of
a district or, if there is no elected body of Panchayats in that sub-division,
one elected member in the Municipality or Municipalities for every existing
twenty-five members or any fraction thereof, elected to the Municipality or
Municipalities within the area of that sub-division: (l)
"Schedule" means a Schedule appended to these rules; (m)
"section" means a section of the Act. (2)
Words and expressions used in these rules and not otherwise
defined but defined in the Act or in the West Bengal State Election Commission
Act, 1994, shall have the same meanings as respectively assigned to them in the
said Acts. PART II Preparation of electoral roll The electoral roll of any
Panchayat shall be in such form as the Commission may direct and shall be
prepared in Nepali language for the constituencies of the Panchayats in hill
areas as defined in clause (11c) of section 2 of the West Bengal Panchayat Act,
1973, and in Bengali language for all other constituencies. When the Commission decides not
to adopt, in terms of section 35, the electoral roll meant for election of
members to the West Bengal Legislative Assembly for the elections to the
Panchayats and issues appropriate directions in this behalf, the Panchayat
Electoral Registration Officer may, for the purpose of preparing the electoral
roll, arrange for enumeration of all persons who have attained the age of 18
years and are ordinarily residents in the constituency or any part thereof
requiring every such person to furnish information for this purpose to the
person authorised by the Panchayat Electoral Registration Officer in this
behalf and every person on being approached by such person as authorised by
him, shall, furnish such information as may be required for that purpose. Form
for such enumeration shall be of such design as may be devised, by order, by
the Commission. For the purpose of preparing the
electoral roll or deciding any claim or objection to any electoral roll, the
Panchayat Electoral Registration Officer or
any other person authorised by him shall have the access to any register of
births and deaths as maintained by the Gram Panchayat or to the admission
register of any educational institution, and it shall be the duty of every
person in charge of any such register to furnish to the said officer or person
authorised by him such information and such extracts from the said register as
may be required by them. (1)
As soon as the electoral roll for a constituency of a Panchayat is
prepared, the Panchayat Electoral Registration Officer shall, by order, make
the draft publication of the said electoral roll for general information and
inspection of the persons likely to be effected thereby. (2)
The draft publication of electoral roll referred to in sub-rule
(1) shall be made at, (a)
the office of the Panchayat Electoral Registration Officer, (b)
the concerned office or offices of the Gram Panchayats. (c)
the concerned office of the Panchayat Samiti, (d)
such other places in the concerned Panchayat area as the Panchayat
Electoral Registration Officer may deem necessary. by displaying a notice in Form I
specifying the duration of such draft publication and inviting objections and
applications for further enrolment. (1)
The Panchayat Electoral Registration Officer shall make a copy of
each separate part of the electoral roll, together with a copy of the notice in
Form I available for inspection at a specified place accessible to the public
in or near the area to which that part relates. (2)
The Panchayat Electoral Registration Officer may give such further
publicity to the notice in Form I as he may consider necessary. (3)
The Panchayat Electoral Registration Officer shall also supply
free of cost two copies of each separate part of the electoral roll to every
political party for which a symbol has been exclusively reserved in the State
by the Election Commission of India. Every claim for the inclusion of
a name in the electoral roll and every objection to any entry therein shall be
lodged within a period of thirty days from the date of draft publication of the
electoral roll or such shorter period of not less than fifteen days as may be
fixed by the Commission in this behalf. Provided that the Commission may,
by notification in the Official Gazette, extend such period in respect of any
constituency. (1)
Every claim for inclusion of a name in the electoral roll shall be
lodged in Form II and shall be signed by the person claiming his name to be
included in the electoral roll. (2)
Every objection to the inclusion of a name in the electoral roll
or every application for deletion of a name from the electoral roll shall be
lodged in Form III and shall be preferred only by a person whose name is
already included in that part of the electoral roll and such Form shall also be
countersigned by another person whose name is already included in that part of
the electoral roll in which the name objected to appear. (3)
Every objection to a particular or particulars in any entry into
the electoral roll shall be lodged in Form IV and shall be preferred only by
the person to whom that entry relates. (4)
Every application for transposition of any entry within the same
constituency in the electoral roll shall be lodged in Form V and shall be
signed by the person to whom the entry relates. Every claim or objection referred
to in rule 9 shall be, (a)
presented to the Panchayat Electoral Registration Officer or to
such other officer as may be authorised by him in this behalf, or (b)
sent by post directly to the Panchayat Electoral Registration
Officer. (1)
Every officer authorised under clause (a) of rule 10 shall, (a)
maintain in duplicate for each part of the electoral roll
separately, a list of claims, a list of objections to the inclusion of names, a
list of objections to particulars of entries and a list of applications for
transposition of entries within the same constituency, and (b)
keep exhibited one copy of each such list on a notice board in his
office. (2)
The authorised officer shall, after complying with the
requirements of sub-rule (1), forward it with such remarks, if any, as he
considers proper to the Panchayat Electoral Registration Officer. Any claim or objection which is
not lodged within the period specified in the notice in Form I, shall be
rejected by the Panchayat Electoral Registration Officer. (1)
Where a claim or objection is not disposed of on the basis of
records available, the Panchayat Electoral Registration Officer shall issue a
notice specifying the date, time and place of hearing of the claim or
objection, as the case may be. (2)
The notice issued under sub-rule (1) may be served either upon the
person concerned or any adult member of the family of such person or by
affixing at the person's residence or at the last known residence within the
constituency. (1)
The Panchayat Electoral Registration Officer shall hold a summary
inquiry into every claim or objection in respect of which notice has been
issued under sub-rule (1) of rule 13 and shall record his decision thereon. (2)
At the time of hearing, the claimant or, as the case may be, the
objector and the person objected to and any other person who, in the opinion of
the Panchayat Electoral Registration Officer, is likely to be of assistance to
him, shall be entitled to appear and be heard. (3)
The Panchayat Electoral Registration Officer may at his discretion, (a)
require any claimant, objector or person objected to appear in
person before him, (b)
require that the evidence tendered by any person shall be given on
oath and administer an oath for the purpose. If it appears to the Panchayat
Electoral Registration Officer at any time before the final publication of the
electoral roll that owing to inadvertence or error during preparation, the
names of any elector or electors have been left out of the electoral roll and
that remedial action should be taken under this rule, the Panchayat Electoral
Registration Officer shall, (a)
prepare a list of the names and other details of such electors. (b)
exhibit on the notice board of his office a copy of such list
together with a notice as to the time and place at which the inclusion of these
names in the roll shall be considered, and shall also publish the list and the
notice in such other manner as he may think fit, and (c)
after considering any verbal or written objections that may be
preferred decide whether all or any of the names shall be included in the
electoral roll. If it appears to the Panchayat
Electoral Registration Officer at any time before the final publication of the
electoral roll that owing to inadvertence or error or otherwise, the names of
dead person or of persons who cease to be, or are not, ordinarily residents in
the constituency or of persons who are otherwise not entitled to be registered
in the electoral roll have been included in such electoral roll and that
remedial action should be taken under this rule, the Panchayat Electoral
Registration Officer, shall, (a)
prepare a list of the names and other details of such electors, (b)
exhibit on the notice board of his office a copy of the list
together with a notice as to the time and place at which the question of
deletion of these names from the electoral roll shall be considered, and also
publish the list and the notice in such other manner as he may think fit, and (c)
after considering any verbal or written objections that may be
preferred, decide whether all or any of the names shall be deleted from the
electoral roll: Provided that before taking any
action under this rule in respect of any person on the ground that he has
ceased to be, or is not, ordinarily resident in the constituency, or is
otherwise not entitled to be registered in the electoral roll, the Panchayat
Electoral Registration Officer shall make every endeavour to give him or an
adult member of his family a reasonable opportunity to show cause why the
action proposed should not be taken in relation to him. (1)
The Panchayat Electoral Registration Officer shall after,
preparing a list of amendments to carry out his decision under rule 15, rule 16
and rule 17 and after correcting any clerical or printing errors or other
inaccuracies subsequently detected in the electoral roll, notify the electoral
roll to be finally published, together with the list of amendments, by making a
complete copy thereof available for inspection and displaying a notice in Form
IA at his office. (2)
The Panchayat Electoral Registration Officer shall, subject to
such general or special direction as may be given by the Commission in this
behalf, supply free of cost, two copies of the electoral roll, as finally
published under sub-rule (1), with the list of amendments, if any, to
every political party for which symbol has been exclusively reserved by the
Election Commission of India. (3)
On such final publication, the electoral roll together with the
list of amendments shall be the final electoral roll of the constituency. (4)
Where the finally published electoral roll (hereinafter referred
to in this sub-rule as the basic roll), together with the list of amendments,
becomes the final electoral roll for a constituency under sub-rule (2), the
Panchayat Electoral Registration Officer may, for the convenience of all
concerned, integrate, subject to any general or special directions issued by the
Commission in this behalf, the list into the basic electoral roll by
incorporating the inclusion, amendments, transposition or deletion or entries
in the relevant parts of the basic electoral roll itself, so that no change
shall be made in the process of such integration in the name of any elector or
in any particulars relating to any elector as recorded in the list of
amendments. (1)
An appeal shall lie from any decision of the Panchayat Electoral
Registration Officer under rule 14 or rule 15 or rule 17 to the appellate
authority as may be appointed by the Commission for this purpose: Provided that an appeal shall not
lie where the person desiring to appeal has not availed himself of his right to
be heard by, or to make representations to, the Panchayat Electoral
Registration Officer on the matter which is the subject of appeal. (2)
Every appeal under sub-rule (1) shall be, (a)
in the form of memorandum signed by the appellant, and (b)
presented to the appellate authority within a period of fifteen
days from the date of final publication of the electoral roll. (3)
the presentation of an appeal under this rule shall not have
effect of staying or postponing any action to be taken by the Panchayat
Electoral Registration Officer in pursuance of the order against which the
appeal has been preferred. (4)
Every decision of the appellate authority shall be final, but in
so far as it reverses or modifies a decision of the Panchayat Electoral
Registration Officer, such decision shall take effect only from the date of the
decision in appeal. (5)
The Panchayat Electoral Registration Officer shall cause such
amendment to be made in the electoral roll as may be necessary to give effect
to the decisions of the appellate authority under this rule. The Panchayat Electoral
Registration Officer shall secure in his office or at such other place as the
District Panchayat Electoral Registration Officer may, by order, specify, the
following papers as official record until the expiration of one year following
the completion of the next intensive revision of the electoral roll, (i)
one complete copy of the finally published electoral roll, (ii)
information obtained by the Panchayat Electoral Registration
Officer under rule 5, (iii)
register of enumeration forms, (iv)
applications in regard to the preparation of the electoral roll, (v)
manuscript parts prepared by enumeration agencies and used for
compiling the electoral roll, (vi)
papers relating to claims and objections, (vii)
papers relating to appeals under rule 18. Every person shall have the right
to inspect any of the election papers as referred to in rule 19 and shall get
attested copies thereof on payment of such fees as may be fixed by order, by
the Commission in this behalf. (1)
The papers referred to in rule 19 may, on the expiry of the period
specified therein, and subject to such general or special direction as may be
issued by the Commission in this behalf, be disposed of in such manner as the
District Panchayat Election Officer may direct. (2)
Copies of the finally published electoral roll for any
constituency in excess of the number required for deposit under rule 19 and for
any other public purpose shall be disposed of at such time and in such manner
as the Commission may direct and until such disposal the copies shall be made
available for sale to the public at such cost as may be fixed, by order, by the
Commission. PART III Delimitation of constituencies and reservation of seats (1)
Subject to any general or special direction issued by the
Commission in this behalf, the prescribed authority, by an order, shall, (a)
divide, in recognisable units like paras, localities,
neighbourhoods, bustees or colonies, the area of a Gram into constituencies on
the basis of the number of members determined under section 12; (b)
assign consecutive serial number to all such constituencies of a
Gram following the sequence of the numbers assigned to the Legislative Assembly
polling stations comprising such constituencies; (c)
allocate to each constituency such number of seats, not exceeding
two, as may conform to the number determined under section 12; (d)
assign consecutive serial numbers to all such seats following the
same sequence of the numbers assigned to the constituencies; (e)
determine such number of seats to be reserved, by rotation, as may
be required in terms of sub-section (1) or (2) of section 17, as the case may
be, for the Schedule Castes or the Scheduled Tribes persons from amongst the
seats allocated to the constituencies, each constituency having such Scheduled
Castes or Scheduled Tribes population as bears with the total population in
that constituency not less than half of the proportion determined under
sub-section (1) or (2) of section 17 as the case may be: Provided that the number of the
Scheduled Castes or the Scheduled Tribes persons or the total population of a
Gram or the proportion of the Scheduled Castes or the Scheduled Tribes population
as aforesaid shall be determined on the basis of the last preceding census of
which the relevant figures have been published: Provided further that when
census figures are not available for any Gram or constituency or for any
portion of any constituency, the prescribed authority shall, subject to such
order of the Commission as may be made in this behalf, determine the proportion
which the Schedule Castes or the Scheduled Tribes population bears with the
total population on the basis of any other authenticated record maintained by
any office or organisation of any department of the State Government or, where
no such record is available, on the basis of a local enquiry, which may include
house to house enumeration, caused by him for the purpose after consulting,
whenever necessary, any portion of the census report, electoral roll of the
West Bengal Legislative Assembly or any other authenticated record of any other
department of the State Government that may be of assistance; Explanation.-An authenticated
record maintained by any department shall be a record authenticated by the
seniormost officer of the department posted in any office or organisation under
the department located in the district. Explanation II.-For the purpose
of determination of number of seats to be reserved under clause (e) all figures
for calculation shall be taken up to the first place of decimal, raising the
figure of the first place of decimal by one when the digit in the second place
of decimal is not less than five. Explanation III. For the final
stage of calculation for arriving at the number of seats to be reserved the
whole number obtained shall be raised by one if the digit at the first place of
decimal is not less than five while Ignoring any digit below five at the first
place of decimal; (f)
determine number of women members to be elected so as to
constitute, (i)
not less than one-third of the total number of the Scheduled
Castes and the Scheduled Tribes members taken up collectively as determined
number clause (e), (ii)
not less than one-third of the total number of members to be
elected to the Gram Panchayat including the number determined under sub-clause
(i). (2)
(a) After the percentage of the Scheduled Castes or the Scheduled
Tribes population in the total population is determined and the seats or the
constituencies eligible for reservation are identified, two separate lists, one
for the Scheduled Castes and the other for the Scheduled Tribes shall be
prepared in the descending order of the percentage of the Scheduled Castes or
the Scheduled Tribes population, seat or constituency having the highest
percentage coming at the top of the list. (b) For the first term of
election among three consecutive terms, the lists referred to in clause (a)
shall be taken up separately and such number of seats as may be determined under
clause (e) of sub-rule (1) shall be reserved for the Scheduled Castes or the
Scheduled Tribes in accordance with the roster as specified in the First
Schedule. For the purpose of reservation of constituencies in accordance with
such roster, all the constituencies occurring in the list shall be assigned an
additional set of continuous serial numbers in ascending order so that
reservation may be made to match such serial number with the identical number
in the roster. [2][Provided
that if, on any occasion, the total number of seats required to be reserved for
the first term of election are not attained in accordance with the roster for
the first term of election, the remaining number of seats shall be reserved
from the roster specified for the second term of election.] (c) For the second and third term
of election, the same procedure shall be followed in accordance with the roster
specified in the First Schedule respectively for the second and the third term
of election. [3][Provided
that if for the second or the third term of election, the total number of seats
to be reserved are not attained in accordance with the roster respectively for
the second or the third term of election after leaving aside the seats already
reserved in the preceding term of election, if any, their remaining number of
seats shall be reserved from the roster specified for the third or the first
term of election, as the case may be.] (d) If following the principle of
rotation, any seat is selected in any term of election for reservation for both
the Scheduled Castes and the Scheduled Tribes persons, preference shall be
given to reservation for the Scheduled Tribes persons, and thereafter
reservation for the Scheduled Castes persons shall be made of the seat coming
next in order. [4][Provided
that the seat or constituency so reserved for the Scheduled Tribes persons on
the aforesaid ground shall be taken into consideration for reservation for
Scheduled Castes persons in the next term of election.] (e) The prescribed authority, by
an order in writing, shall record the procedure adopted, the records and
documents relied upon and the findings made for the purpose of determination of
the seats to be reserved by rotation for the Scheduled Castes or the Scheduled
Tribes. (3)
Identification and declaration of seats to be reserved for women
under sub-sections (3) and (4) of section 17 shall be made separately in
accordance with the roster as specified in the Second Schedule in the
manner as follows: (a)
not less than one-third seats from amongst the seats reserved for
the Scheduled Castes and the Scheduled Tribes taken up
collectively shall be declared reserved for women; (b)
the number of seats declared under clause (a) shall be set apart
from the number determined under clause (f) of sub-rule (1) and the seats
matching the resultant number shall be identified and declared for reservation
for women from among the seats not reserved under subsections (1) and (2) of
section 17, (c)
for the purpose of reservation of seats in accordance with the
roster as specified in the Second Schedule, all the seats available for
reservation shall be arranged in the ascending order of their assigned serial
numbers and an additional set of continuous serial numbers shall be given to
them so that reservation may be made to match such continuous serial numbers
with identical serial numbers in the roster, (d)
in case the number of seats determined under sub-sections (3) and
(4) of section 17 is one only, that seat shall be reserved for women for the
first term of election and there shall be no reservation for the second and the
third term of elections. (1)
On completion of the determination under rule 22, the prescribed
authority shall publish draft order showing delimitation of the constituencies
and the reservations thereof in Form A not later than seventy five days before
the date of poll by posting the same in a conspicuous place in the office of, (a)
the Gram Panchayat to which the order relates, (b)
the Panchayat Samiti and the Zilla Parishad or the Mahakuma
Parishad within whose area the Gram Panchayat is situated, (c)
the Block Development Officer, the Sub-divisional Officer and the
District Magistrate of the area concerned. (2)
Any person affected by such order may submit any objection or
suggestion in writing stating the reasons thereof so as to reach the prescribed
authority within fifteen days from the date of publication of the draft order
as mentioned in sub-rule (1). (3)
The prescribed authority shall consider the objections or
suggestions, if any, received by him within the stipulated period and may make
suitable alterations or amendments in the draft order. (4)
The prescribed authority shall publish the final order in Form A1
with alterations and amendments, if any, not later than forty five days before
the date of poll by posting the same in places where the draft of the order was
published and upon such publication, the order shall come into force: Provided that the order shall be
deemed to have been duly published if there has been substantial compliance
with the provisions of this rule and any omission to post the order in one or
more places shall not invalidate the order. (5)
Immediately after publication under sub-rule (1) and sub-rule (4),
a copy of each of the order in Form A and in Form A.1 shall be supplied to each
of the recognised political parties having representation in the existing body
of the Gram Panchayat to which the order relates. (1)
In conformity with the provisions contained in section 14 and
subject to any general or special direction issued by the Commission in
this behalf, the prescribed authority, by an order, shall, (a)
determine the number of members to be elected to a Panchayat
Samiti from each Gram comprising the area of the Panchayat Samiti, (b)
divide a Gram into as many constituencies as may match the number
of members, determined under clause (a), to be elected to a Panchayat Samiti
from the Gram and each such constituency shall have as far as practicable,
equal number of voters and shall comprise as many contiguous Gram Panchayat
constituencies as may be specified in the order. (c)
assign consecutive serial numbers to all such constituencies following,
as far as practicable, the sequence of the numbers assigned to the Gram
Panchayat constituencies and, where necessary, the sequence of the numbers
assigned to the Legislative Assembly polling stations comprising the area of
such Panchayat Samiti. (d)
determine the number of constituencies to be reserved, by
rotation, for the Scheduled Castes and the Scheduled Tribes persons from among
such constituencies, each of which have such Scheduled Castes or Scheduled
Tribes population as bears with the total population in that constituency not
less than half of the proportion determined under sub-section (1) or (2) of
section 17 as the case may be: Provided that the number of the
Scheduled Castes or the Scheduled Tribes persons or the total population of a
Panchayat Samiti or the proportion of the Scheduled Castes or the Scheduled
Tribes population as aforesaid shall be determined on the basis of the last
preceding census of which the relevant figures have been published: Provided further that when census
figures are not available for any area of a Panchayat Samiti or constituency or
any portion of any constituency, the prescribed authority shall, subject to
such order of the Commission as may be made in this behalf, determine the
proportion which the Scheduled Castes or the Scheduled Tribes population bears
with the total population on the basis of any other authenticated record
maintained by any office or organisation of any department of the State
Government or, where no such record is available, on the basis of a local
enquiry, which may include house to house enumeration, caused by him for the
purpose as aforesaid after consulting, whenever necessary, any portion of the
census report, electoral roll of the West Bengal Legislative Assembly or any
other authenticated record that may be of assistance. Explanation I. An authenticated
record maintained by any department shall be a record authenticated by the
seniormost officer of the department posted in any office or organisation under
the department located in the district. Explanation II. For the purpose
of determination of number of seats to be reserved under clause (of) all
figures for calculation shall be taken up to the first place of decimal,
raising the figure of the first place of decimal by one when the digit in the
second place of decimal is not less than five. Explanation III. For the final
stage of calculation for arriving at the number of seats to be reserved, the
whole number obtained shall be raised by one if the digit at the first place of
decimal is not less than five while ignoring any digit below five at the first
place of decimal. (e)
determine the number of women members to be elected so as to
constitute, (i)
not less than one-third of the total number of the Scheduled
Castes and the Scheduled Tribes members taken up collectively as determined
under clause (d), (ii)
not less than one-third of the total number of members to be
elected to the Panchayat Samiti including the number determined under
sub-clause (i), (2)
(a) After the percentage of the Scheduled Castes or the Scheduled
Tribes population in the total population is determined and the seats or
constituencies eligible for reservation are identified, two separate lists, one
for the Scheduled Castes and the other for the Scheduled Tribes shall be
prepared in the descending order of the percentage of the Scheduled Castes or
the Scheduled Tribes population, constituency having the highest percentage
coming at the top of the list; (b) for the first term of
election among three consecutive terms, the lists referred to in clause (a)
shall be taken up separately and such number of constituencies as may be
determined under clause (d) of sub-rule (1), shall be reserved for the
Scheduled Castes or the Scheduled Tribes in accordance with the roster as
specified in the First Schedule. For the purpose of reservation of
constituencies in accordance with such roster, all the constituencies occurring
in the list shall be assigned an additional set of continuous serial numbers in
ascending order so that reservation may be made to match such serial number
with the identical serial number in the roster; [5][Provided
that if, on any occasion, the total number of seats required to be reserved for
the first term of election are not attained in accordance with the roster for
the first term of election, the remaining number of seats shall be reserved
from the roster specified for the second term of election.] (c) for the second and third term
of election, the same procedure shall be followed in accordance with the roster
specified in the First Schedule respectively for the second and the third term
of election; [6][Provided
that if for the second or the third term of election, the total number of seats
to be reserved are not attained in accordance with the roster respectively
for the second or the third term of election after leaving aside the seats
already reserved In the preceding term of election, if any, the remaining
number of seats shall be reserved from the roster specified for the third or
the first term of election, as the casy may be.] (d) if following the principle of
rotation, any seat or constituency is selected in any term of election for
reservation for both the Scheduled Castes or the Scheduled Tribes persons,
preference shall be given to reservation for the Scheduled Tribes persons, and
thereafter reservation for the Scheduled Castes persons shall be made of the
constituency coming next in order; [7][Provided
that the constituency so reserved for the Scheduled Tribes persons on the
aforesaid ground shall be taken into consideration for reservation for
Scheduled Castes persons in the next term of election.] (3)
Identification and declaration of constituencies to be reserved
for women under sub-sections (3) and (4) of section 17 shall be made separately
in accordance with the roster as specified in the Second Schedule in the manner
as follows, (a)
not less than one-third constituencies from amongst the constituencies
reserved for the Scheduled Castes and the Scheduled Tribes taken up
collectively shall be declared reserved for women, (b)
the number of constituencies declared under clause (a) shall be
set apart from the total number of constituencies to be reserved for women
under sub-clause (ii) of clause (e) of sub-rule (1) and the constituencies
matching the resultant number shall be identified and declared for reservation
for women from among the constituencies not reserved under sub-rule (2), (c)
for the purpose of reservation of seats in accordance with the
roster as specified in the Second Schedule, all the seats available for
reservation shall be arranged in the ascending order of their assigned serial
numbers and an additional set of continuous serial numbers shall be given to
them so that reservation may be made to match such continuous serial numbers
with identical serial numbers in the roster, (d)
in case the number of constituency determined under sub-sections
(3) and (4) of section 17 is one only, that constituency shall be reserved for
women for the first term of election and there shall be no reservation for the
second and the third term of election. (1)
On completion of the determination under rule 26, the prescribed
authority shall publish a draft order showing delimitation of the
constituencies and reservation thereof in Form B not later than seventy-five
days before the date of poll by posting the same in a conspicuous place in the
office of, (a)
the Gram Panchayats and the Panchayat Samiti to which the order
relates, (b)
the Zilla Parishad or the Mahakuma Parishad, (c)
the Block Development Officer, the Sub-divisional Officer and the
District Magistrate of the area concerned. (2)
Any person affected by such order may submit any objection or
suggestion in writing stating the reasons thereof so as to reach the prescribed
authority within fifteen days from the date of publication of the draft order
as maintained in sub-rule (1). (3)
The prescribed authority shall consider the objections or
suggestions, if any, received by him within the stipulated period, and may make
suitable alterations or amendments in the draft order. (4)
The prescribed authority shall publish the final order in Form B1
with alterations and amendments, if any, not later than forty-five days before
the date of poll by posting the same in places where the draft of the order was
published and upon such publication, the order shall come into force: Provided that the order shall be
deemed to have been duly published if there has been substantial compliance
with the provisions of this rule and any omission to post the order in one or
more places shall not invalidate the order. (5)
Immediately after publication under sub-rule (1) and sub-rule (4),
a copy of each of the order in Form B and in Form B1 shall be supplied to each
of the recognised political parties having representation in the existing body
of the Panchayat Samiti to which the order relates. (1)
The Commission ' shall, by order, (a)
in conformity with the provisions in section 15, determine the
number of members to be elected to a Zilla Parishad or Mahakuma Parishad' from
each Block comprising the area of the Zilla Parishad or Mahakuma Parishad as
the case may be, (b)
divide a Block into as many constituencies as may match the number
of members, determined under clause (a), to be elected to a Zilla Parishad from
the Block and each such constituency shall have as far as practicable equal
number of voters and shall comprise as many contiguous Gram as may be specified
in the order, (c)
assign consecutive serial numbers to all such constituencies
within the area of a Zilla Parishad or Mahakuma Parishad, as the case may be,
following, as far as practicable, the sequence of the numbers assigned to the
Panchayat Samiti constituencies and the numbers assigned to the Legislative
Assembly polling stations comprising the area of such Zilla Parishad or
Mahakuma Parishad, as the case may be, (d)
determine the number of constituencies to be reserved, by
rotation, for the Scheduled Castes and the Scheduled Tribes persons from among
such constituencies, each of which have such Scheduled Castes or Scheduled
Tribes population as bears with the total population in that constituency
not less than half of the proportion determined under sub-section (1) or (2) of
section 17 as the case may be; Provided that the number of the
Scheduled Castes or the Scheduled Tribes persons or the total population of a Zilla
Parishad or Mahakuma Parishad area, as the case may be, or the proportion of
the Scheduled Castes or the Scheduled Tribes population as aforesaid shall be
determined on the basis of the last preceding census of which the relevant
figures have been published: Provided further that when census
figures are not available for any area of a Zilla Parishad or Mahakuma Parishad
or constituency or any portion of any constituency, the Commissioner shall
determine the proportion which the Scheduled Castes or the Scheduled Tribes
population bears with the total population on the basis of any other
authenticated record maintained by any office or organisation of any department
of the State Government or, where no such record is available on the basis of a
local enquiry, which may include house to house enumeration, caused by him for
the purpose as aforesaid after consulting, whenever necessary, any portion of
the census report, electoral roll of the West Bengal Legislative Assembly or
any other authenticated record that may be of assistance; Explanation I. An authenticated
record maintained by any department shall be a record authenticated by the
seniormost officer of the department posted in any office or organisation under
the department located in the district. Explanation II.-For the purpose
of determination of number of seats to be reserved under clause (e) all figures
for calculation shall be taken up to the first place of decimal, raising the
figure of the first place of decimal by one when the digit in the second place
of decimal is not less than five. Explanation III. For the final
stage of calculation for arriving at the
number of seats to be reserved, the whole number obtained shall be raised
by one if the digit at the first place of decimal is not less than five
while ignoring any digit below five at the first place of decimal. (e)
determine the number of women members to be elected so as to
constitute, (i)
not less than one-third of the total number of the Scheduled
Castes and the Scheduled Tribes members taken up collectively as determined
under clause (d). (ii)
not less than one-third of the total number of members to be
elected to the Zilla Parishad or Mahakuma Parishad including the number
determined under sub-clause (i). (2)
(a) After the percentage of the Scheduled Castes or the Scheduled
Tribes population in the total population is determined and the seats
or constituencies eligible for reservation are identified, two separate
lists, one for the Scheduled Castes and the other for the Scheduled Tribes
shall be prepared in the descending order of the percentage of the Scheduled
Castes or the Scheduled Tribes population, constituency having the highest
percentage coming at the top of the list: (b) for the first term of
election among three consecutive terms, the lists referred to in clause (a)
shall be taken up separately and such number of constituencies as may be
determined under clause (d) of sub-rule (1), shall be reserved for the
Scheduled Castes or the Scheduled Tribes in accordance with the roster as
specified in the First Schedule. For the purpose of reservation of
constituencies in accordance with such roster, all the constituencies occurring
in the list shall be assigned an additional set of continuous serial numbers in
ascending order so that reservation may be made to match such serial number
with the identical serial number in the roster; [8][Provided
that if, on any occasion, the total number of seats required to be reserved for
the first term of election are not attained in accordance with the roster for
the first term of election, the remaining number of seats shall be reserved
from the roster specified for the second term of election.] (c) for the second and third term
of election, the same procedure shall be followed in accordance with the roster
specified in the First Schedule respectively for the second and the third term
of election; [9][Provided
that if for the second or the third term of election, the total number of seats
to be reserved are not attained in accordance with the roster respectively for
the second or the third term of election after leaving aside the seats already
reserved in the preceding term of election, if any, the remaining number of
seats shall be reserved from the roster specified for the third or the first
term of election, as the case may be.] (d) if following the principle of
rotation, any seat or constituency is selected in any term of election for
reservation for both the Scheduled Castes or the Scheduled Tribes persons,
preference shall be given to reservation for the Scheduled Tribes persons, and
thereafter reservation for the Scheduled Castes persons shall be made of the
constituency coming next in order; [10][Provided
that the constituency so reserved for the Scheduled Tribes persons on the
aforesaid ground shall be taken into consideration for reservation for
Scheduled Castes persons in the next term of election.] (e) the Commission, by an order
in writing, shall record the procedure adopted, the records and documents
relied upon and the findings made for the purpose of determination of the seats
reserved for the Scheduled Castes or the Scheduled Tribes. (3)
Identification and declaration of constituencies to be reserved
for women under sub-sections (3) and (4) of section 17 shall be made separately
in accordance with the roster as specified in the Second Schedule in the
manner as follows, (a)
not less than one-third constituencies from amongst the constituencies
reserved for the Scheduled Castes and the Scheduled Tribes taken up
collectively shall be declared reserved for women. (b)
the number of constituencies declared under clause (a) shall be
set apart from the total number of constituencies to be reserved for women
under sub-clause (ii) of clause (e) of sub-rule (1) and the constituencies
matching the resultant number shall be identified for reservation for women
from among the constituencies not reserved under sub-rule (2), (c)
for the purpose of reservation of seats in accordance with the
roster as specified in the Second Schedule, all the seats available for
reservation shall be arranged in the ascending order of their assigned serial
numbers and an additional set of continuous serial numbers shall be given to
them so that reservation may be made to match such continuous serial numbers
with identical serial numbers in the roster, (d)
in case the number of constituency determined under sub-sections
(3) and (4) of section 17 is one only, that constituency shall be reserved for
women for the first term of election and there shall be no reservation for the
second and the third term of election. (1)
On completion of the determination under rule 26, the Commission
shall publish a draft order showing delimitation of the constituencies and
reservations thereof not later than seventy-five days before the date of poll
by posting the same in a conspicuous place in the office of. (a)
the Gram Panchayats and the Panchayat Samiti to which the order
relates; (b)
the Zilla Parishad or the Mahakuma Parishad; (c)
the Block Development Officer, the Sub-divisional Officer and the
District Magistrate of the area concerned. (2)
Any person affected by such order may submit any objection or
suggestion in writing stating the reasons thereof so as to reach the Commissioner
within fifteen days from the date of publication of the draft order as
mentioned in sub-rule (1). (3)
The Commission shall consider the objections or suggestions, if
any, received by him within the stipulated period, and may make suitable
alterations or amendments in the draft order. (4)
The Commission shall publish the final order with alterations and
amendments, if any, by notification, not later than forty-five days before the
date of poll and, upon such notification, the order shall come into force. (5)
Immediately after publication under sub-rule (1) and sub-rule (4),
a copy of each of the draft and final order shall be supplied to each of the
recognised political parties having representation in the existing body of the
Zilla Parishad or Mahakuma Parishad to which the order relates. PART IV Conduct of elections CHAPTER I Nomination and allotment of symbol On the appointment of date or
dates or poll for any election under section 43 and in conformity with the
provisions made therein, the District Panchayat Election Officer shall, by
order in Form 1, notify (a)
the last date, time and place for making nominations, (b)
the date for scrutiny of nominations, (c)
the last date and hour for the withdrawal of candidature, (d)
the date on which and the hours between which the poll when the
election is contested, shall be taken: Provided that such notice in Form
1 shall be governed by an order as may be issued in terms of sub-section (2) of
section 46. The order under rule 28 shall, as
soon as made, be posted up, (a)
in some conspicuous place in the offices of the Gram Panchayat,
Panchayat Samiti and the Zilla Parishad or the Mahakuma Parishad within whose
jurisdiction, the election is to be held, (b)
in the office of the Panchayat Returning Officer appointed for
election to Gram Panchayat, Panchayat Samiti and the Zilla Parishad or the
Mahakuma Parishad as the case may be. (1)
Every nomination paper presented under sub-section (1) or (2) of
section 46, as the case may be, shall be made in Form 2. (2)
Any person attaining the age of 21 years on the date fixed for
scrutiny, if not otherwise disqualified under the provisions of the Act or any
order made thereunder, may be nominated as a candidate for election from any
seat of a constituency to a Gram Panchayat, from any constituency to a
Panchayat Samiti or Zilla Parishad or Mahakuma Parishad as the case may be, if
his name is included in the electoral roll in force on the last date for making
nominations for such Panchayat election when such electoral roll pertains to
the area comprised in that Gram in case of Gram Panchayat or pertains to the
area of the Panchayat Samiti or Zilla Parishad or Mahakuma Parishad in case of
Panchayat Samiti, Zilla Parishad or Mahakuma Parishad as the case may be. (3)
Every nomination paper shall be subscribed by a proposer in the
manner as shown in Form 2. (4)
Any person whose name is included in the list of voters of the
constituency for which the candidate is nominated and who himself is not
contesting the election from that constituency, may subscribe as proposer: Provided that a person shall not
subscribe as proposer, more than one nomination. Provided further that where in a
constituency more than one seat are required to be filled, a person may
subscribe the nomination paper relating to each seat. (1)
The notice of nomination containing description as mentioned in
section 48, shall be issued in Form 3. (2)
The notice of nomination issued under sub-rule (1) shall be, (a)
fixed at the office of the concerned Panchayat Samiti, (b)
fixed at the office of the concerned Zilla Parishad or Mahakuma
Parishad, as the case may be (1)
For the purpose of these rules, symbols are either reserved or
free. (2)
A reserved symbol, as enlisted in Table A of the Third Schedule,
is a symbol which is reserved for, (a)
a recognised political party for exclusive allotment to the
contesting candidate or candidates set up by that party, (b)
a local political party for exclusive allotment in a specified
area to the contesting candidate or candidates set up by that party, and (c)
any other political party allotted, by order, an exclusive
reserved symbol by the Commission for either the entire State or any part
thereof for the purpose of elections to one or more tiers of Panchayats as may
be specified in the order, on the ground that, (i)
such political party during the last preceding general elections, (A)
to the House of the People, has returned at least one member to
that House for every twenty-five members of that House or any fraction of that
number, elected from that State, or (B)
to the Legislative Assembly of the State, has returned at least
one member to that Assembly for every thirty members of that Assembly or any
fraction of that number, or (ii)
such political party during the last preceding general elections
to the House of the People or to the Legislative Assembly of the State, has set
up candidates for contesting elections from the constituencies comprised in the
State with a reserved symbol allotted exclusively by the Election Commission of
India: Provided that the Commission may
allot, for exclusive use by such political party the symbol already allotted by
the Election Commission of India for elections to the House of the People or to
the Legislative Assembly of the State: Provided further that on demand
by such political party, any other symbol irrespective of whether such symbol
is a free symbol occurring in the Third Schedule referred to in rule 34 and on
such allotment by the Commission, such symbol shall be deemed to be omitted
from the Third Schedule. (1)
A political party shall be declared as a local political party if
that party, (a)
has been engaged in political activity for a continuous period of
preceding five years, and (b)
at the time of declaration, has at least one elected member in any
tier of Panchayats for every existing twenty-five members or any fraction
thereof, elected to that tier of Panchayats from the area of a sub-division of
a district or, if there is no elected body of Panchayats in that sub-division,
one elected member in the Municipality or Municipalities for every existing
twenty-five members or any fraction thereof, elected to the Municipality or
Municipalities within the area of that sub-division. (2)
Any association or body of individual citizens of India calling
itself a political party and intending to be declared a local political party
may, at any time, make an application to the Commission for declaration as a
local political party. (3)
Any such application under rule (2) shall be signed by the General
Secretary, or if there is no General Secretary, the Secretary of the
association or body and shall contain the following particulars, (a)
the name of the association or body, (b)
the address of its head office and the address to which letters
and communications may be sent, (c)
the names of the President, Secretary and other Office-bearers and
the total number of members. (4)
A copy of the set of rules and regulations or constitution of the
association or body or, if there is no such document, a statement of the
policies, aims and objects it pursues or seeks to pursue. (5)
The names of elected members set up by that association or body in
each tier of Panchayats or, if there is no elected Panchayat, in each
Municipality within that sub-division of the district. (6)
After considering all particulars as aforesaid in its possession
and any other necessary and relevant information and giving the representatives
of the association or body a reasonable opportunity of being heard, the
Commission shall declare the association or body as a local political party
with respect to one or more sub-divisions within the State or refuse to declare
as such, and the decision of the Commission shall be final. (7)
The Commission shall reserve for exclusive use by that local
political party one symbol out of the symbols shown in Table B, Table C or
Table D of the Third Schedule to these rules and, on such reservation, such
symbol shall not be allotted to any other candidate contesting from any
constituency of a Panchayat pertaining to that sub-division. (8)
If a local political party declared as such has at least one
member set up by it for every five existing elected members in any tier of
Panchayats or, if there is no elected Panchayat, in the Municipalities within
the area of a subdivision, the Commission may reserve any symbol chosen by
that political party irrespective of whether such symbol is shown in Table B or
Table C or Table D of the Third Schedule for exclusive allotment to that
political party within the area of the sub-division as specified. (9)
A local political party shall communicate to the Commission
without delay any change in its name, head office, office-bearers, address or
policies, aims and objects. (1)
The symbols, which may be chosen by the candidates at an election
from any constituency or which may be reserved are specified in the Third
Schedule: Provided that in case any
political party other than a recognised political or local political party
claims any reserved symbol, the Commission shall, by order issue appropriate
instruction on such claim. (2)
Where at any such election, more nomination papers than one are
delivered by or on behalf of a candidate other than a candidate set up by a
recognised political party or a local political party, the declaration as to
symbol made in the nomination paper first delivered, and no other declaration
as to symbol, shall be taken into consideration for the purpose of allotment of
symbol even if the nomination paper first delivered has been rejected: Provided that a candidate set up
by a recognised political party or a local political party, as the case may be,
shall be allotted the symbol reserved for that party notwithstanding that such
reserved symbol is chosen by the candidate in a nomination paper other than the
paper first delivered. Provided further that if a
candidate is set up by two different recognised political parties or local
political parties or one recognised political party and one local political
party, the Panchayat Returning Officer shall take cognizance of, and shall act
upon, the notice referred to in clause (b) of sub-rule (1) of rule 37, received
by him first in chronological order when the symbol reserved for such political
party is chosen by such candidate in any one or more nomination papers
delivered by him or on his behalf unless such notice received first in
chronological order is cancelled by the same signatory of the same political
party who issued the previous notice and such communication of cancellation is received
by the Panchayat Returning Officer by the time specified in clause (b) of
sub-rule (1) of rule 37. Provided also that where more
than one candidate is duly setup for a single seat by the same recognised or
local political party, the reserved symbol for the party will be allotted by
the Panchayat Returning Officer to the candidate who has filed his nomination
paper first in chronological order and other candidate or candidates set up by
the same political party, will be allotted free symbols even though there is no
declaration as to free symbol made in the nomination paper first, or
subsequently, delivered. A candidate set up or nominated
by a recognised political party or local political party at any election in any
constituency shall choose, and shall be allotted, only the symbol reserved for
such party as shown in Table A of the Third Schedule. (1)
For the purposes of these rules a candidate shall be deemed to be
set up or nominated by a recognised political party or local political party
if, (a)
such candidate has made a decleration to that effect in any of his
nomination papers, (b)
a notice in writing to that effect has, not later than 3 p.m. on
the last day of withdrawal of candidature, been delivered to the Panchayat
Returning Officer of the constituency, and (c)
the notice referred to in clause (b) is signed by the President,
Chairman or General Secretary, or where there is no General Secretary, the
Secretary of the State Unit of the recognised political party or local
political party or by any member of such recognised political party duly
authorised by such President, Chairman, General Secretary or Secretary, as the
case may be: Provided that different members
may be authorised for different districts; Provided further that not more
than one member shall be authorised for any one district. (2)
The duly attested specimen signatures of the President, Chairman,
General Secretary or Secretary of the State Unit of the recognised political
party or local political party of such authorised member and, where a member
has been authorised to sign the notice, a letter to that effect by the
President, Chairman, General Secretary or Secretary, as the case may be, shall
be sent to the respective Panchayat Returning Officer so as to reach him before
the expiry of the last date and time appointed for making nomination under
clause (a) of rule 28. (1)
A candidate at a Gram Panchayat election from any constituency
shall choose one from any of the symbols specified in Table B of the Third
Schedule. (2)
A candidate at a Panchayat Samiti election from any constituency
shall choose one from any of the symbols specified in Table C of the Third
Schedule. (3)
A candidate at a Mahakuma or Zilla Parishad election from any
constituency shall choose one from any of the symbols specified in Table D of
the Third Schedule. (4)
Without any prejudice to the provisions contained in section 51,
if at any election, the number of candidates, other than those set up by
recognised political parties, exceeds the number of free symbols specified in
Table B, Table C or Table D of the Third Schedule as the case may be, the
District Panchayat Elections Officer may, for smooth conduct of such election
by an order, specify additional free symbols for allotment by the Panchayat
Returning Officer to any of the candidates; Provided that such additional
free symbol may comprise a part of any free symbol or a combination of more
than one free symbols referred to in this rule. (1)
The nomination papers filed shall be taken up for scrutiny by the
Panchayat Returning Officer at the appointed place, date and hour in presence
of any two persons among the candidate, election agent and proposer when the
nomination papers shall be either accepted or rejected in terms of section 49. (2)
Immediately after all the nomination papers have been scrutinised
and decisions accepting or rejecting the same have been recorded, the Panchayat
Returning Officer shall prepare a list, in Form 4, of validly nominated
candidates arranged in the alphabetical order of the names of candidates in
Nepali and in English for the constituencies of the Panchayats in the hill
areas as defined in the West Bengal Panchayat Act, 1973, and in Bengali and
English in all other areas and affix it on his notice board: Provided that such alphabetical
order shall be arranged in hill areas on the basis of names spelled in Nepali
and in other areas on the basis of names spelled in Bengali. (3)
The name of every such candidate shall be shown in the said list
as it appears in his nomination paper. (4)
If a candidate considers that his name is incorrectly spelt or
otherwise incorrectly shown in his nomination paper he may, at any time before
the list of contesting candidate is prepared, furnish in writing to the
Panchayat Returning Officer the proper form and spelling of his name and the
Panchayat Returning Officer shall on being satisfied as to the genuineness of
the request, make the necessary correction or alteration in the list in Form 4
and adopt that form and spelling in the list of contesting candidates. (5)
If a candidate considers that he is popularly known by the name or
alias, different from his name recorded in the nomination paper and makes a
request in writing to that effect, the Panchayat Returning Officer shall on
being satisfied as to the genuineness of the request add such name or alias
after his name in bracket. Such additional name or alias shall not in any
manner prejudice the sequential arrangement of names in alphabetical order. (6)
If two or more candidates bear the same name, they shall be
distinguished by the addition of their occupation or residence or in such other
manner as may be directed by the Commission. (1)
A notice of withdrawal of candidature under sub-section (1) of
section 50 shall be in Form 5 and shall contain the particulars set out
therein. On receipt of such notice, the Panchayat Returning Officer shall note
thereon the date and the time at which it was delivered. (2)
The Panchayat Returning Officer shall, on being satisfied as to
the genuineness of notice of withdrawal and the identity of the person
delivering it under sub-rule (1), cause a notice in Form 6 to be affixed in
some conspicuous place in his office. (1)
The list of contesting candidates referred to in sub-section (1)
of section 51 shall be prepared in the manner as laid down in sub-section (2)
and sub-section (3) of the said section in Form 7. (2)
After finalisation of the list of contesting candidates, the
Panchayat Returning Officer shall issue an identity card to the contesting
candidates in Form 7A. (3)
When the number of contesting candidates in Form 7 is found equal
to or less than the number of seats to be filled in a constituency within the
meaning of clause (b) or clause (c) of section 64, such candidates shall be
declared by the Panchayat Returning Officer as duly elected in Form 12. CHAPTER II Candidates and their agents (1)
Any appointment of an election agent under section 53 shall made
in Form 8 and the notice of such appointment shall be given by forwarding
the same in duplicate with two copies of passport-size photograph of the
election agent to the Panchayat Returning Officer who shall return one copy
thereof for use of the election agent after affixing thereon his seal and
signature in token of his approval for such appointment. (2)
The revocation of the appointment of an election agent under subsection
(1) of section 55 shall be made in Form 9. (3)
Where the appointment of an election agent is revoked under
sub-rule (2) or where an election agent dies before or during the election, the
candidate may appoint a new election agent in the manner laid down in sub-rule
(1). (1)
One agent and two relief agents shall be appointed for each
polling station: Provided that at any point of
time not more than one agent of a candidate shall remain present at the polling
station and while attending the polling station, he shall display the EPIC or
such other identity card as may be issued under the direction of the
Commission: Provided further that a person,
who does not have his name registered in any part of the electoral roll
pertaining to any constituency within the State, shall not be a polling agent. (2)
Every such appointment of polling agent shall be made by the
candidate or his election agent in duplicate in Form 10 and both copies shall
be made over to the polling agent for production to the Presiding Officer at
the polling station. (1)
The appointment of a polling agent may be revoked by the candidate
or his election agent in Form 11 at any time before the commencement of poll by
a declaration in writing signed by him. (2)
Such declaration shall be lodged with the Presiding Officer of the
polling station where the polling agent was appointed for duty. (3)
Where the appointment of a polling agent is revoked under sub-rule
(1) or where a polling agent dies before the close of poll, the candidate or
his election agent may appoint a new polling agent in accordance with the
provisions of rule 42. (1)
Each contesting candidate or his election agent may appoint not
more than two agents for a polling station to act as counting agents of such
candidate, in Form 10 in duplicate signed by the candidate or his election
agent: Provided that at any point of
time not more than one counting agent of a candidate shall remain present at
the polling station and while attending the polling station, he shall display
the EPIC or such other identity card as may be directed by the Commission: Provided further that a person,
who does not have his name registered in any part of the electoral roll
pertaining to any constituency within the State, shall not be a counting agent. (2)
In case of centralised counting, not more than one counting agent
shall be appointed by the candidate or his election agent: Provided that for election to a
Panchayat Samiti or Zilla Parishad constituency, such number of relieving
agents as shall not exceed twenty per cent of the total number of tables
assigned to that constituency, may be appointed by the candidate or his
election agent: Provided further that a person
who does not have his name registered in any part of the electoral roll
pertaining to any constituency within the State, shall not be a counting agent
and while attending the counting table, he shall display the EPIC or such their
identity card as may be directed by the Commission. (3)
Before the commencement of counting, the candidate or his election
agent shall give notice of such appointment to the Panchayat Returning Officer
or the Presiding Officer concerned by forwarding to such officer the form of
appointment referred to in sub-rule (1). (4)
The candidate or his election agent shall also deliver the copy of
the appointment letter in duplicate to the counting agent who shall, on the
date fixed for the counting of votes, present both copies to, and sign
declaration contained therein, before the Panchayat Returning Officer or the
Presiding Officer. The Panchayat Returning Officer or the Presiding Officer
shall retain the duplicate copy presented to him in his custody. No counting
agent shall be allowed to perform any duty at the place fixed for the counting
of votes unless he has complied with the Provisions of this sub-rule. (1)
The appointment of a counting agent may be revoked by the
candidate or his election agent, in From 11 at any time before the commencement
of the counting of votes by a declaration in writing signed by him. Such
declaration shall be lodged with the Presiding Officer of the polling station
where counting is to be held. (2)
Where the appointment of a counting agent is revoked under
sub-rule (1) or where a. counting agent dies before the completion of the
counting of votes, the candidate or his election agent may appoint a new
counting agent in accordance with the provisions of rule 44. CHAPTER III Poll and voting in Gram Panchayat, Panchayat Samiti and
Zilla Parishad constituencies (1)
Every ballot box shall be of such design as may be approved by the
Commission. (2)
Separate ballot boxes shall be used for elections to the Gram
Panchayat, Panchayat Samiti, Zilla Parishad or Mahakuma Parishad. (1)
Every ballot paper shall be in Form 13(1) for constituency
allocated one seat and in Form 13(2) for constituency allocated two seats for
Gram Panchayat election, in Form 13A for Panchayat Samiti election and in Form
13B for Zilla Parishad or Mahakuma Parishad election. (2)
The names of the candidates shall be arranged on the ballot paper
in the same order in which they appear in the list of contesting candidates in
Form 7. [11][(3)
Every ballot paper printed either for use of the voters or for pasting on the
EVM shall be of such design as may be directed, by order, by the Cornmission.] (1)
Outside each polling station there shall be displayed prominently, (a)
a notice, specifying the polling area, the voters of which are
entitled to vote at the polling station and, where the polling station has more
than one polling booth, at each of such booths, the description of the voters
allotted to such booth, and (b)
a copy of the list of contesting candidates. (2)
The Panchayat Returning Officer shall cause to be provided at
every polling station one or more compartments (hereinafter referred to in
these rules as a "voting compartment") in which voters can record
their votes screened from observation: (3)
The Panchayat Returning Officers shall provide at each polling
station sufficient number of ballot boxes, ballot papers, copies of the list of
voters in respect of the polling area or areas the voter of which are entitled
to vote at such polling station, instruments for stamping the distinguishing
mark on ballot papers and articles necessary for voters to mark the ballot
paper. Subject to the decision of the Commission, the Panchayat Returning
Officer shall also provide at each polling station such other equipment and
accessories as may be required for taking the poll at such polling station. The Presiding Officer shall
regulate the number of voters to be admitted at any one time inside the polling
station and shall not allow entry thereto of all persons other than (a)
polling officers, (b)
public servants on duty in connection with the election, (c)
the District Panchayat Election Officer or the Panchayat Returning
Officer or such person authorised by the Commission, (d)
candidates, their election agents and subject to the provisions of
rule 43, one polling agent of each candidate at a time, (e)
a child in arms accompanying a voter, (f)
a person accompanying a blind or infirm voter who cannot move
without help, and (g)
such other persons as the Panchayat Returning Officer or the
Presiding Officer may employ for the purpose of identifying the voter. (1)
The Presiding Officer shall immediately before the poll, satisfy
all persons present that the ballot box is empty. (2)
Every ballot box used at a polling station shall bear labels
outside marked with (a)
the serial number, if any, and the name of the constituency; (b)
the serial number and the name of the polling station; (c)
the serial number of the ballot box when more than one ballot box
is used in respect of a particular election; (d)
the date of poll. (3)
Immediately before the commencement of the poll, the Presiding
Officer shall demonstrate to the polling agents and other persons present that
the ballot box bears the labels referred to in sub-rule (2). (4)
The ballot box shall then he closed, sealed and secured. The
polling agents as may be present may also affix their seals. The ballot box
shall then be placed in full view of the Presiding Officer and the polling
agents. (5)
If it becomes necessary to put to use any subsequent ballot box,
the procedure laid down in sub-rule (1) to sub-rule (4) shall be followed. (1)
Immediately before the commencement of the poll, the Presiding
Officer shall demonstrate to the polling agents and others present at the polling
station that the marked copy of the electoral roll to be used during the poll
does not contain any entry other than that made in respect of voters who have
been issued election duty certificate in terms of rule 52. (2)
The Presiding Officer shall announce the first and the last serial
numbers with the missing numbers, if any, to the ballot papers supplied for the
polling station and shall allow the polling agents present to note such
numbers. He shall then shuffle the bundles of ballot papers in such a manner so
that nobody may ascertain the serial number of ballot paper issued to any
voter. (3)
The Presiding Officer shall, immediately before the commencement
of the poll, read out and explain the provisions of section 108 to such persons
as may be present in the polling station. (1)
A voter on election duty who wishes to vote shall at least three
days before the date of poll, approach the Panchayat Returning Officer of the
constituency in respect of which he is a voter and make an application in Form
14 for the issue of a ballot paper in order to enable him to cast his vote. (2)
The Panchayat Returning Officer shall on being satisfied as to the
identity of such voter and on production of the letter of appointment in connection
with election, (a)
have the person's name marked in the electoral roll, and (b)
issue to such voter a ballot paper and permit him to vote on the
spot in a secluded corner so as not to disclose his vote, with the instrument
provided for the purpose. (3)
After recording his vote, such voter shall make over the ballot
paper to the Panchayat Returning Officer in a sealed cover. (4)
The Panchayat Returning Officer shall keep the counterfoil of such
ballot paper in a separate sealed cover and shall make over the sealed covers
containing the ballot paper and the counterfoil to the Presiding Officer
concerned. (1)
Where a polling station is for both men and women voters, the
Presiding Officer may direct that they shall be admitted into the polling
station alternately in separate batches. (2)
The Panchayat Returning Officer or the Presiding Officer may
appoint a woman to serve as an assistant at a polling station to assist the
women voters and also to assist the Presiding Officer generally in taking the
poll in respect of women voters, and in particular, to help in searching any
woman voter in case it becomes necessary. (1)
The Presiding Officer or the polling officer, as the case may be,
shall require every voter to produce EPIC or in absence of EPIC, such other
documents as may be specified, by order, by the Commission. (2)
Every voter about whose identity the Presiding Officer or the
polling officer, as the case may be, is satisfied, shall allow his left forefinger
to be inspected by the Presiding Officer or the polling officer and an
indelible ink mark to be put on it. (3)
If any voter refuses to allow his left forefinger to be inspected
or marked in accordance with sub-rule (2) or has already such a mark on his
left forefinger or does any act with a view to removing the ink mark, he shall
not be supplied with any ballot paper and shall not be allowed to vote. (4)
Where a poll is taken simultaneously for election of members of
Gram Panchayat, Panchayat Samiti and Zilla Parishad or Mahakuma Parishad or any
two of them, a voter whose left forefinger has been marked with indelible ink
before supply of ballot papers for election to one tier shall, notwithstanding
anything contained in sub-rule (2), but subject to the provisions of sub-rule
(4) of rule 58, be supplied with a ballot paper for other election or
elections. (5)
Any reference in this rule to the left forefinger of a voter
shall, in the case where the voter has his left forefinger missing, be
construed as a reference to any other finger of his left hand and shall, in the
case where all the fingers of his left hand are missing, to be construed as a
reference to the forefinger or any other finger of his right hand, and shall,
in the case where all his fingers of both the hands are missing, to be
construed as reference to such extremity of his left or right arms as he may
possess. (1)
The Presiding Officers may employ at the polling station such
persona as he thinks fit to help In the identification of the voters or to
assist him otherwise In taking a poll. (2)
As each voter enters the polling station the Presiding Officer or
the polling officer authorised by him in this behalf shall check the voter's
name and other particulars with the relevant entry in the list of voters and
then call out the serial number, name and other particulars of the voter. (3)
In deciding the right of a person to obtain a ballot
paper, the Presiding Officer or the polling officer, as the case may be, shall
overlook mere clerical or printing errors In an entry In the list of voters, If
he Is satisfied that such person Is identical with the voter to whom such entry
relates. (1)
Any polling agent may challenge the Identity of person claiming to
be a particular voter by first depositing a sum of two
rupees with the Presiding Officer for each such challenge. (2)
On such deposit being made, the Presiding Officer shall, (a)
warn the person challenged of the penalty for personation, (b)
read relevant entry in the list of voters in full and ask him
whether he is the person referred to in that entry, (c)
enter his name and address in the list of challenged voter in Form
15, (d)
require him to affix his signature or thumb impression in the said
list. (3)
The Presiding Officer shall thereafter hold a summary inquiry into
the challenge and may for that purpose, (a)
require the challenger to address evidence in proof of the
challenge and the person challenged to adduce evidence in proof of his
identity, (b)
put to the person challenged any question necessary for the
purpose of establishing his identity and require him to answer them on oath, (c)
administer an oath to the person challenged and any other person
offering to give evidence. (4)
If, after inquiry under sub-rule (3), the Presiding Officer
consider that the challenge has not been established, he shall allow the person
challenged to vote and if he considers that the challenge has been established,
he shall debar the person challenged from voting. (5)
If the Presiding Officer is of the opinion that the challenge is
frivolous or has not been made in good faith he shall direct that the deposit
made under sub-rule (1) be forfeited to the State Government, and in any other
case he shall return it to the challenger at the conclusion of the inquiry and
obtain his signature in the relevant column in Form 15. (6)
If the challenge is established the Presiding Officer shall hand
over such person to the police officer on duty on the charge of personation. (7)
The Presiding Officer shall record in brief his order in the
relevant column in Form 15. (8)
When a person on establishment of his identity is allowed to cast
his vote for one tier of Panchayat following the order referred to in sub-rule
(4) of rule 57, his identity shall not be challenged in the matter of casting
his vote for any subsequent tier. (1)
No ballot paper shall be issued to any voter before the hour fixed
for the commencement of the poll. (2)
No ballot paper shall be issued to any voter after the hour fixed
the closing of the poll except to those voter who are present at the polling
station at the time of closing of the poll. Such voters shall be allowed to
record their vote even after the closing hour of the poll. (3)
Every ballot paper shall, before issue to a voter, be stamped with
such distinguishing mark as the District Panchayat Election Officer may direct
and signed in full on its back by the Presiding Officer. (4)
In case of simultaneous election of Gram Panchayat, Panchayat
Samiti and Zilla Parishad or Mahakuma Parishad or any, the issue of ballot
papers shall be in the following order, namely, (a)
ballot paper for Gram Panchayat election, (b)
ballot paper for Panchayat Samiti, election, (c)
ballot paper for Zilla Parishad or Mahakuma Parishad election. (5)
At the time issuing a ballot paper to a voter, the polling officer
shall, (a)
in case of poll for one tier, record on its counterfoil the part
number and serial number of the voter in the electoral roll and the mode of
identification of voter, through EPIC or any other record, and also obtain
signature or left thumb impression of the voter on the counterfoil. (b)
in case of poll for simultaneous elections, such entries shall be
recorded on the ballot paper issued first accordance with the order referred to
in sub-rule (4), (c)
mark the name of the voter in the marked copy of the electoral
roll to indicate that a ballot paper has been issued to him, without however
recording therein the serial number of the ballot paper issued to the voter and (d)
issue the ballot papers successively if more than one elections
are held. ' (6)
Save as provided in sub-rule (5), no person in the polling station
shall note down the serial number of the ballot paper issued to a particular
voter. (1)
The voter on receiving the ballot paper shall forthwith, (a)
proceed to one of the voting compartments, (b)
there make a mark on the ballot paper with the instrument supplied
for the purpose on or near the symbol of the candidate for whom he intends to
vote, (c)
fold the ballot paper so as to conceal his vote, (d)
if required, show to the Presiding Officer the distinguishing mark
on the ballot paper, (e)
insert the folded ballot paper into the ballot box, (f)
repeat the process when more than one elections are held, and (g)
leave the polling station without disclosing to any one name of the person or
persons for whom he has voted or abstained from voting. (2)
Every voter shall cast his vote without undue delay. (3)
No voter shall be allowed to enter a voting compartment when
another voter is inside it. (4)
Where a poll is taken simultaneously for election of members of
Gram Panchayat, Panchayat Samiti and Zilla Parishad or Mahakuma Parishad or any
two of them and if a voter leaves the polling booth without casting all his
votes, no ballot paper or papers shall be issued to him for casting remaining
vote or votes if he subsequently re-enters the polling booth and approaches the
Presiding Officer for such ballot paper or papers. (5)
If an elector to whom a ballot paper has been issued, refuses,
after warning given by the Presiding Officer, to observe the procedure as laid
down in sub-rule (1), the ballot paper issued to him shall, whether he has
recorded his vote thereon or not, be taken back from him by the Presiding
Officer or a polling officer under the direction of the Presiding Officer. (6)
After the ballot paper has been taken back, the Presiding Officer
shall record on its back the words "Cancelled, voting procedure violated
and put his signature below those words. (7)
All the ballot papers on which the words "Cancelled, voting
procedure violated" are recorded, shall be kept in a separate cover which
shall bear on its face the words "Cancelled ballot papers, voting
procedure violated". (8)
Without prejudice to any other penalty to which a voter, from whom
a ballot paper has been taken back under sub-rule (5), may be liable, the vote,
if any, recorded on such ballot paper shall not be counted. (1)
If owing to blindness or other physical infirmity, a voter is
unable to recognise the symbols on the ballot paper to make a mark thereon, the
Presiding Officer shall permit the voter to take with him a companion to the
voting compartment in the polling station who shall record the vote on the
ballot paper in accordance with the wishes of the voter, fold it so as to
conceal the vote and insert in into the ballot box: Provided that a person who has
his name recorded in the electoral roll pertaining to that polling station
shall be eligible to act as such companion. (2)
The Presiding Officer shall keep a brief record of the blind and
infirm voters in Form 16. (1)
A voter who has inadvertently dealt with his ballot paper in such
manner that it cannot be conveniently used as a ballot paper, may, on returning
it to the Presiding Officer and on satisfying him of the inadvertence, shall be
given another ballot paper, and the ballot paper so returned and the
counterfoil of such ballot paper shall be marked "Spoilt, cancelled"
by the Presiding Officer. (2)
If a voter after obtaining a ballot paper decides not to use it,
he shall return it to the Presiding Officer, and the ballot paper so returned
and the counterfoil of such ballot paper shall be marked as "Returned,
cancelled" by the Presiding Officer. (3)
All the ballot papers cancelled under sub-rules (1) and (2) shall
be kept in separate packets. (1)
If a person representing himself to be a particular voter asks for
a ballot paper after another person has already voted as such voter, he shall,
on satisfactorily answering such questions relating to his identity as the
Presiding Officer may ask, be entitled, subject to the following provisions of
this rule, to mark a ballot paper hereinafter referred to as a "tendered
ballot paper" in the same manner as any other voter. (2)
Every such person shall, before being supplied with a tendered
ballot paper, sign his name or put his thumb impression against the entry
relating to him in a list in Form 17. (3)
A tendered ballot paper shall be the same as the other papers used
at the polling station except that, (a)
such tendered ballot paper shall be serially the last in the
bundle of ballot papers issued for use at the polling station, and (b)
such tendered ballot paper and its counterfoil shall be endorsed
on the back with the words "tendered ballot paper" by the Presiding
Officer in his own hand and signed by him. (4)
The voter, after marking the tendered ballot paper In the voting
compartment and folding it, shall, instead of putting it Into the ballot box,
give it to the Presiding Officer, who shall place it in a cover specially kept
for the purpose. (1)
The Presiding Officer shall close a polling station at the hour
fixed in that behalf under section 42 and shall not thereafter admit any voter
into the polling station: Provided that all voters present
at the polling station before it is closed shall be allowed to cast their
votes. (2)
If any question arises whether a voter was present at the polling
station before it was closed, it shall be decided by the Presiding Officer and
his decision shall be final. (1)
As soon as practicable after the closing of poll, the Presiding
Officer, shall, in the presence of the candidates or their election or polling
agents, close the slit of the ballot box and seal and secure it and also allow
the candidates or their election or polling agents present to affix their
seals. (2)
Where it becomes necessary to use a second ballot box by reason of
the first box getting full, the first box shall be closed, sealed and secured
as provided in sub-rule (1) before another ballot box is put to use. (1)
The Presiding Officer shall at the close of the poll prepare a
ballot paper account in Part I of Form 18 and enclose it in a separate cover with
the words "ballot paper account" superscribed thereon. (2)
The Presiding Officer shall furnish to every polling agent present
at the close of the poll an attested copy of the ballot paper account of votes
as prepared in Part I of Form 18 on obtaining a receipt from those polling
agents and copies of the accounts shall be furnished to every polling agent
even without his asking for it. (1)
The Presiding Officer shall then make into separate packets, (a)
the marked copy of the electoral roll, (b)
the counterfoils of the unused ballot papers, (c)
the ballot papers signed in full by the Presiding Officer under
sub-rule (3) of rule 57 but not issued to the voters. (of) any other ballot
papers not issued to the voters. (d)
the ballot papers cancelled for violation of voting procedure
under sub-rule (6) of rule 58. (e)
any other cancelled ballot papers, (f)
the cover containing the tendered ballot papers and the list in
Form 17, (g)
the cover containing the list of blind and Infirm voter in Form
16, (h)
the list of challenged votes, and (i)
any other paper directed by the Commission to be kept in sealed
packet. (2)
Each such packet shall be sealed with the seal of the Presiding
Officer and with the seals either of the candidate or of his election agent or
of his polling agent who may be present at the polling station and may desire
to affix his seal thereon. (1)
If the poll at any polling station is adjourned under section 66,
the provisions of rule 62 and rule 63 shall, as far as practicable, apply as if
the poll was closed at the hour fixed in that behalf under section 42. (2)
At an adjourned poll the voters who have already voted at the poll
so adjourned shall not be allowed to vote again. (3)
The Panchayat Returning Officer shall provide the Presiding
Officer of the polling station at which such adjourned poll is held with the
sealed packet containing the marked copy of the list of voters, other sealed
packets and a new ballot box. (4)
The Presiding Officer shall open the sealed packets in the
presence of the polling agents present and use the marked copy of the list of
voters at the adjourned poll. (5)
The provisions of rule 48 to rule 65 shall apply in relation to
the conduct of an adjourned poll as they apply in relation to the poll before it
was so adjourned. CHAPTER IV Voting by EVM Notwithstanding anything
contained anywhere in these rules, the Commission may direct as to the use of
EVM for taking of the poll. Every EVM shall have a control
unit and a balloting unit and shall be of such design as may be approved by the
Commission. (1)
The balloting unit of the EVM shall contain such particulars in
such language or languages as the Commission may specify. (2)
The names of the candidates shall be arranged on the balloting
unit in the same order in which they appear in the list of the contesting
candidates in Form 7. (3)
Subject to the foregoing provisions of this rule, the Panchayat Returning
Officer shall, (a)
fix a label containing the names and symbols of the contesting
candidates in the balloting unit, and secure that unit with his seal and the
seals of such of the contesting candidates or their election agents present as
are desirous of affixing the same. (b)
set the number of contesting candidates and close the candidate
set section in the control unit and secure It with his seal and the seals of
such of the contesting candidates or their election agents present as are
desirous of affixing the same. The Panchayat Returning Officer
shall provide to each polling station one EVM and such other election materials
as may be necessary for talking the poll by the voting machine. (1)
The control unit and the balloting unit of every EVM used at a
polling station shall bear a label marked with, (a)
the serial number, if any, and the name of the constituency, (b)
the serial number and name of the polling station or stations as
the case may be, (c)
the serial number of the unit, and (d)
the date of poll. (2)
Immediately before the commencement of the poll, the Presiding
Officer shall demonstrate to the polling agents and other persons present that
no vote has been recorded in the EVM and it bears the label referred to in
sub-rule (3) of rule 69. (3)
A paper seal shall be used for securing the control unit of the
EVM, and the Presiding Officer shall affix his own signature on the paper seal
and obtain thereon the signature of such of the polling agents present as are
desirous of affixing the same. (4)
The Presiding Officer shall thereafter fix the paper seal so
signed in the space meant therefor in the control unit of the EVM and shall
secure and seal the same. (5)
The seal used for securing the control unit shall be fixed in such
manner that after the unit has been sealed, it is not possible to press the
"result button" without breaking the seal. (6)
The control unit shall be closed and secured and placed in full
view of the Presiding Officer and the polling agents and the balloting unit
placed in the voting compartment. (1)
Before permitting an elector to vote, the polling officer shall, (a)
record the electoral roll number of the elector as entered in the
marked copy of the electral roll and also the mode of identification, through
EPIC or any other record, in a register of voters in Form 17A. (b)
obtain the signature or the thumb impression of the elector on the
said register of voters, and (c)
mark the name of the elector in the marked copy of the electoral
roll to indicate that he has been allowed to vote: Provided that no elector shall be
allowed to vote unless he has put his signature or thumb impression at the
appropriate place on the register of voters. (2)
It shall not be necessary on the part of any Presiding Officer or
polling officer or any other officer authorised by the Commission to attest the
thumb impression of the voter on the register of voters in Form 17A. (3)
Every elector who has been allowed to vote under this rule, shall
maintain secrecy of voting within the polling station and shall observe the
procedure laid down in clause (g) of sub-rule (1) and sub-rules (2), (3) and
(4) of rule 58 mutatis mutandis. (1)
If an elector, after his serial number in the electoral roll has
been duly entered in the register of voters in Form 17A and has put his
signature or thumb impression thereon decides not to record his vote, a remark
to this effect shall be made against his entry in Form 17A by the Presiding
Officer and the signature or thumb impression of the elector shall be obtained
against such remark, and on his refusal to do so the Presiding Officer shall
mention it under his signature. (2)
If an elector on being allowed to vote, refuses after warning
given by the Presiding Officer, to observe the procedure laid down in rule 72,
the Presiding Officer or a polling officer under the direction of the Presiding
Officer, shall not allow such elector to vote. (1)
If a person representing himself to be a particular elector seeks
to vote after another person has already voted as such elector, he shall, on
satisfactorily answering such questions relating to his identity as the
Presiding Officer may ask, be allowed to vote by means of a tendered ballot
paper, but not through the EVM. (2)
The Panchayat Returning Officer shall provide to each polling
station such number of ballot papers as may be directed, by order, by the
Commission to be used as tendered ballot papers and in case it becomes
necessary to supply any additional ballot paper to any polling station, the
same will be arranged by the Panchayat Returning Officer on demand. (3)
Such tendered ballot paper along with its counterfoil shall be
endorsed on the back with the words "tendered ballot paper" by the
Presiding Officer in his own hand, if these words are not already stamped
there, and shall be signed by him. (4)
The Presiding Officer shall maintain a complete record of the
electors who have been issued with tendered ballot papers, in Form 17. (5)
On receiving the tendered ballot paper, the elector shall, (a)
proceed to the voting compartment, (b)
record his vote on the ballot paper by the inked arrow cross-mark
rubber stamp, (c)
fold the ballot paper so as to conceal his vote, (d)
coming out of the voting compartment shall hand it over to the
Presiding Officer and leave the polling station. (6)
The Presiding Officer shall keep all the tendered ballot papers
and the list in Form 17 in a cover specially provided for the purpose and seal
the cover at the close of the poll. If any polling agent challenges
the identity of a person claiming to be a particular voter, the procedure laid
down in rule 56 shall be followed to bring the issue to its logical end. The
Presiding Officer shall maintain records of challenges of identity in Form 15. If owing to blindness or physical
infirmity such elector is unable to record his vote without assistance, the
Presiding Officer shall permit him to take a companion to the voting
compartment for recording his vote in accordance with rule 59. The Presiding
Officer shall maintain records of such blind and infirm voters in Form 16. (1)
After the close of poll the Presiding Officer shall prepare an
account of vote recorded in the EVM, in Part I of Form 18A in duplicate and the
copies shall be kept in a separate cover with the word 'Account of votes
recorded' superscribed thereon. (2)
The Presiding Officer shall furnish to every polling agent present
at the close of the poll an attested copy of the account of votes as prepared
in Form 18A on obtaining a receipt from those polling agents and copies of the
accounts should be furnished to every polling agent even without his asking for
it. The Presiding Officer also shall sign the Form. (1)
Immediately after the close of poll, the Presiding Officer shall
press the 'close' button on the control unit to ensure that no further votes
can be recorded and shall disconnect the balloting unit from the control unit
put the power switch to 'off position in the rear compartment of the control
unit. (2)
The control unit and the balloting unit shall thereafter be sealed,
and secured separately in such manner as the Commission may direct and the seal
used for securing them shall be so affixed that it will not be possible to open
the units without breaking the seals. (3)
The candidates or their election agents or polling agents as are
present at the polling station and desirous putting their seals shall be
allowed to do so. (1)
The Presiding Officer shall then make into separate packets, (a)
the marked copy of the electoral roll, (b)
the register of voters in Form 17A, (c)
the cover containing the tendered ballot papers and the list
in" Form 17, (d)
the cover containing the unused tendered ballot papers, (e)
the list of challenged votes in Form 15, (f)
the list of blind and infirm voters in Form 16, (g)
any other paper directed by the Commission to be kept in a sealed
packet. (2)
Each packet shall be sealed with the seal of the Presiding Officer
and with the seal either of the candidate or of his election agent or of his
polling agent who may be present at the polling station and may desire to affix
his seal thereon. (1)
The Presiding Officer shall then deliver or cause to be delivered
to the Panchayat Returning Officer at such place as the Panchayat Returning
Officer may direct, (a)
the EVM, (b)
the accounts of votes recorded in Form 18A, (c)
the sealed packets referred to in rule 79, and (d) all other
papers and materials used at the poll, (2)
The Panchayat Returning Officer shall make adequate arrangements
for the safe transport of the EVM, packets and other papers for safe custody
until the commencement of the counting of votes. In case of adjournment of poll
under section 66, the Presiding Officer shall immediately close the control
unit of the EVM to ensure that no further votes can be recorded and disconnect
the balloting unit from the control unit, and report the matter forthwith to
the Panchayat Returning Officer. (1)
If the poll at any polling station is adjourned within the meaning
of sub-section (1) of section 66, the provision of rule 78 to rule 80 shall
apply mutatis mutandis as if the poll was closed at the hour fixed in that
behalf under section 42. (2)
At an adjourned poll the electors who have already voted at the
poll so adjourned shall not be allowed to vote again. (3)
The Panchayat Returning Officer shall provide to the Presiding
Officer of the polling station at which such adjourned poll is held, with the
sealed packet containing the marked copy of the electoral roll, register of
voters in Form 17A and a new EVM. (4)
The Presiding Officer shall open the sealed packet in the presence
of the polling agents present and use the marked copy of the electoral roll for
marking the names of the electors who are allowed to vote at the adjourned
poll. (5)
The provision of rule 71 to rule 80 shall apply in relation to the
conduct of an adjourned poll in the same manner as it would have applied before
it was so adjourned. PART V COUNTING OF VOTES CHAPTER I COUNTING
OF VOTES WHEN COUNTING TAKES PLACE AT THE POLLING STATION (1)
At
every election immediately after the poll, votes shall be counted at the
polling station by the Presiding Officer with the assistance of the polling
officers or officer appointed under section 28 for that polling station in
presence of the contesting candidates or their election agents and not more
than one of the counting agents of each candidate whoever may be available at the
time of counting. (2)
The
counting shall be taken up at the appointed hour by the Presiding Officer with
the assistance of the polling officers of the polling station to which the
ballot box or boxes relate and the provisions of these rules relating to counting
shall apply for the purpose. (1)
The
Presiding Officer shall exclude from the place of counting of votes all persons
except, — (a)
person
authorised by the Commission, the District Panchayat Election Officer or the
Panchayat Returning Officer, (b)
public
servants on duty in connection with the election, and (c)
candidates
or their election agents, and counting agents. (2)
Any
person who during the counting of votes misconducts himself or fails to obey
the lawful directions of the Presiding Officer may be removed from the place
where the votes are being counted, by the Presiding Officer or by any police
officer on duty or by any person authorised in this behalf by the Presiding
Officer. The Presiding Officer shall, before
commencement of the counting, read out and explain the provisions of section
108 to such persons as may be present. (1)
The
Presiding Officer shall first deal with the ballot papers received by him in
sealed covers. (2)
The
sealed covers shall be opened one after another in the presence of candidates
or their election agents and counting agents and the Presiding Officer shall
then proceed to scrutinise all ballot papers in terms of rule 88 . (3)
The
Presiding Officer shall count all the valid election duty votes in the sealed
covers and record the total number thereof in the counting sheets in Form 19 in
respect of Gram Panchayat or Panchayat Samiti or Mahakuma Parishad or Zilla
Parishad election in separate copies of Form for each tier and announce the
same. (4)
Thereafter
all the valid ballot papers and all the rejected ballot papers shall be bundled
and kept together in a packet separately for each tier which shall be sealed
with the seal of the Presiding Officer and of such of the candidates and
election agents or counting agents as may desire to affix their seals thereon
and on the packets so sealed shall be recorded the name of the constituency,
the date of counting and the brief description of the contents. (1)
The
Presiding Officer shall then open the ballot boxes in presence of the
candidates or their election agents and counting agents. (2)
Where
a poll has been taken simultaneously for election of members to Gram Panchayat,
Panchayat Samiti and Zilla Parishad or Mahakuma Parishad or any two of them,
the ballot boxes shall be opened for the purpose of counting of votes in the
following order, namely, — (a)
ballot
box relating to Gram Panchayat election, (b)
ballot
box relating to Panchayat Samiti election, (c)
ballot
box relating to Zilla Parishad or Mahakuma Parishad election. (1)
The
ballot papers taken out of each ballot box shall be arranged in convenient
bundles and scrutinised. (2)
The
Presiding Officer shall reject a ballot paper, — (a)
if
it bears any mark or writing by which the elector can be identified, or (b)
if,
to indicate the vote, it bears no mark at all or bears a mark made otherwise
than with the instrument supplied for the purpose, or (c)
if
votes are given on it in favour of more candidates than the number of
candidates to be elected, or (d)
if
it is a spurious ballot paper, or (e)
if
it is so damaged or mutilated that its identity as a genuine ballot paper
cannot be established, or (f)
if
it bears a serial number, or is of a design different from the serial numbers,
or as the case may be, design, of the ballot papers authorised for use at the
particular election at the particular polling station, or (g)
if
it does not bear both the mark and the signature which it should have borne
under the provisions of sub-rule (3) of Rule 57, or (h)
if
it is found in a ballot box other than the ballot box in which it should have
been inserted: Provided that where a Presiding Officer is
satisfied that any such defect as is mentioned in clause (f) or (g) has been
caused by any mistake or failure on the part of the Presiding Officer or any
polling officer, the ballot paper shall not be rejected merely on the ground of
such defect: Provided further that a ballot paper shall
not be rejected merely on the ground that the mark indicating the vote is
indistinct or made more than once, if the intention that the vote shall be for
a particular candidate clearly appears from the manner the paper is marked. (3)
Before
rejecting any ballot paper under sub-rule (2), the Presiding Officer shall
allow the candidate or his election agent, and each counting agent present a
reasonable opportunity to inspect the ballot paper but shall not allow him to
handle it or any other ballot paper. (4)
The
Presiding Officer shall record on every ballot paper which he rejects, the
letter “R” and the grounds for rejection in abbreviated form either in his own
hand or by means of a rubber stamp under his signature and his decision shall
be final. (5)
All
ballot papers rejected under this rule shall, be bundled together. (1)
For
the purpose of counting of votes in respect of election to the Gram Panchayat,
each valid voting mark in the ballot paper which is not rejected under rule 88
shall be counted as one valid vote for the candidate in whose favour the voting
mark has been given. (2)
Every
ballot paper which is not rejected under rule 88 shall, for the purpose of
counting of votes in respect of election to the Panchayat Samiti or Zilla
Parishad or Mahakuma Parishad, be counted as one valid vote for the candidate
in favour of whom voting mark has been duly given. (3)
During
the process of counting of votes in connection with, — (a)
a
Gram Panchayat election, the Presiding Officer shall count all the valid votes
in the ballot box and record the total number thereof in counting sheet in Form
19A and announce the same, and (b)
a
Panchayat Samiti or a Zilla Parishad or a Mahakuma Parishad election, the
Presiding Officer shall count all the valid votes in the ballot box and record
the total number thereof in counting sheets in Form 20 and announce the same. (4)
After
the counting of all ballot papers contained in all the ballot boxes used at the
polling station has been completed, the Presiding Officer shall make the
entries in the result sheet in Form 21 in respect of Gram Panchayat election
and announce the particulars. (5)
The
valid ballot papers kept separately for each candidate, shall thereafter be
bundled together and kept along with the bundle of rejected ballot papers in a
separate packet which shall be sealed and on the packet shall be recorded the
following particulars, namely, — (a)
the
name of the constituency, (b)
the
particulars of the polling station where the ballot papers have been used, and (c)
the
date of counting. The Presiding Officer shall, as far as
practicable, proceed continuously with the counting of votes and shall, during
any interruption when the counting has to be suspended, keep the ballot papers,
packets and other papers relating to the election sealed with his own seal and
the seals of such candidates or election or counting agents as may desire to
affix their seals and shall cause adequate precautions to be taken for their
safe custody during any such interruption. (1)
After
the completion of the counting, the Presiding Officer shall record in the
counting sheets in Forms 19, 19A and 20 the total number of votes polled by
each candidate, and announce the same. (2)
After
such announcement has been made, the Presiding Officer shall give a little
pause when a candidate or in his absence, his election agent or his counting
agent may apply in writing to the Presiding Officer for a recount of the votes
either wholly or in part stating the grounds on which he demands such recount. (3)
If
there is no demand for recount from anybody present during the aforesaid pause,
the Presiding Officer shall sign the completed counting sheets in Forms 19, 19A
and 20 as the case may be and no demand for recount shall be entertained
thereafter. (4)
On
such an application for recount being made the Presiding Officer shall decide
the matter and may allow the application wholly or in part or may reject it in
toto if it appears to him to be frivolous or unreasonable. (5)
Every
decision of the Presiding Officer under subrule (4) shall be in writing
containing in brief the reasons thereof and shall be final. (6)
If
the Presiding Officer decides under sub-rule (5) to allow a recount of votes
either wholly or in part, he shall, - (a)
do
the recounting in accordance with rule 89, (b)
amend
the counting sheets in Form 19, 19A and 20, as the case may be, to the extent
necessary after such recount, and (c)
announce
the amendments so made by him. (7)
After
the total number of votes polled by each candidate has been announced under
sub-rule (1) or subrule (6), the Presiding Officer shall complete and sign the
counting sheets in Forms 19, 19A and 20, as the case may be, and no application
for a recount shall be entertained thereafter: Provided that after an announcement under
sub-rule (3) of rule 86 and sub-rule (3) of rule 89, a reasonable opportunity
shall be given to a candidate, and in his absence, any election agent or his
counting agent for making an application in writing to the Presiding Officer
for re-count of votes, if any dispute is raised regarding the results of the
counting. (1)
In
case of an election to a Gram Panchayat, the Presiding Officer shall as soon as
the counting of votes is completed and result sheets in Form 21 is signed,
declare in Form 23 the candidate or candidates elected on the basis of highest
number of valid votes secured by him or them. He shall hung up immediately one
copy of such Form at the polling station and send the other copy in a sealed
cover to the Panchayat Returning Officer concerned who shall inform the
District Panchayat Election Officer and the Commissioner of Panchayats and
Rural Development of the results of the poll. The Commissioner of Panchayats
and Rural Development shall cause the names of the elected candidates published
in the Official Gazette. (2)
In
the case of an election to a Panchayat Samiti or Zilla Parishad or a Mahakuma
Parishad, the Presiding Officer shall as soon as the counting of votes is
completed and counting sheets in Form 19 and 20 are signed, send the signed
Forms 19 and 20 to the Panchayat Returning Officer concerned in a sealed cover
for final compilation of votes secured by the candidates. (3)
The
Panchayat Returning Officer shall immediately on receipt of all the counting
sheets in Forms 19 and 20, in respect of all the polling stations of the
concerned constituency, compile the results in a result sheet in Form 22 and
declare in Form 23 the candidate to whom the largest number of valid votes has
been given, to be elected and hung up the same in his office and send copies
thereof to the District Panchayat Election Officer, Commissioner of the
Division and the Commissioner of Panchayats and Rural Development. The
Commissioner of Panchayats and Rural Development shall cause the names of the
elected candidates published in the Official Gazette. (4)
When
the votes are equal, selection shall be made by lot in such manner as the
Presiding Officer, or the Panchayat Returning Officer, as the case may be, may
deem fit. (5)
As
soon as may be after a candidate has been declared to be elected, the Presiding
Officer in respect of Gram Panchayat election shall grant to an elected
candidate a certificate of election in Form 24 and obtain from the candidate an
acknowledgement of its receipt duly signed by him and immediately send the
acknowledgement to the Panchayat Returning Officer and in respect of Panchayat
Samiti or Zilla Parishad or Mahakuma Parishad election, the Panchayat Returning
Officer shall grant to an elected candidate a certificate of election in Form
24 and obtain from the candidate an acknowledgement of receipt duly signed by
him. (1)
After
completing the counting of votes in an election, the Presiding Officer shall
then make into separate packets, — (a)
counting
sheets in Forms 19, 19A and 20, (b)
result
sheets in Form 21 and 22, (c)
the
declaration sheet in Form 23 in respect of Gram Panchayat election, and (d)
any
other paper directed by the Commissioner to be kept in sealed packet. (2)
Each
packet shall be sealed with the seals of the Presiding Officer and with the
seal of the candidate or of his election agent or of his counting agent who may
be present at the polling station and may desire to affix his seal thereon. (1)
The
Presiding Officer shall then deliver or cause to be delivered to the Panchayat
Returning Officer at such place as the Panchayat Returning Officer may direct,
— (a)
the
ballot boxes, (b)
the
ballot paper account, (c)
the
sealed packets referred to in rule 65 and rule 93, and (d)
all
other papers and materials used at the poll. (2)
The
Panchayat Returning Officer shall make adequate arrangements for the safe
transport of all ballot boxes, packets and other papers and materials for safe
custody. The Panchayat Returning Officer shall keep in
his safe custody all sealed packets referred to in rule 65 and rule 93 and all
other papers relating to the election. CHAPTER II Counting of votes when counting
takes place centrally (1)
Notwithstanding
anything contained in sub rule (1) of rule 83, if the Commission is satisfied
that the counting of votes can more conveniently be done centrally instead of
at the polling stations immediately after the close of poll, it may, in
consultation with the State Government, by order, direct that the used and
sealed ballot boxes and other records and materials of such polling station or
stations shall be brought in such manner as may be specified, to a place, to be
appointed by order, by the Panchayat Returning Officer, for safe custody and
for counting on such date and at such hour as may be appointed by the Panchayat
Returning Officer: Provided that the date appointed for counting
shall be, as soon as may be, within ten days from the date of the poll. (2)
Upon
the issue of the order of the Commission, the Panchayat Returning Officer shall
make adequate arrangement for safe transport of the polled boxes and other
records and materials, and for their safe custody. (3)
The
order of the Panchayat Returning Officer under sub-rule (1) shall be
communicated to the candidates, the recognised political parties and the local
parties having interest at least three days before the date of poll: Provided that if for any reason beyond
control, the Panchayat Returning Officer finds it necessary so to do, he may,
after the date, time, place or places so fixed, alter the date after giving
notice of the same in writing to each candidate or his election agent. (4)
A
candidate and his election agent may, if they so desire, follow, on arranging
separate transport, the vehicle transporting the polled ballot boxes and other
materials and may stay to keep watch on the place where the ballot box or boxes
are kept for safe custody or for such purpose they may appoint one or more
counting agents and authorise them for the purpose under intimation to the
Panchayat Returning Officer: Provided that a candidate or on his behalf,
only one person, authorised by him, may remain present to keep such watch. Upon issue of the order referred to in
sub-rule (1) of rule 96, the Panchayat Returning Officer shall, in consultation
with the District Panchayat Election Officer, appoint such number of Counting
Officers and counting assistants as may be considered necessary, and on such
appointment, the Counting Officers and the counting assistants shall exercise
such powers, perform such functions and discharge such duties as are required
to be exercised, performed and discharged by the Presiding Officer and the
polling officers under sub rule (2) of rule 83. Such appointment shall be made
in a format devised in this behalf by the Commission. Subject to such other directions as may be
issued by the Commission the counting venue shall be a secured place with
relatively easy accessibility. It should preferably be used as a distribution Centre
and reception Centre as well. (1)
The
building where counting shall be held, should have a few large and small rooms
for use as counting hall and strong room or rooms for storing the polled ballot
boxes with ballot paper account, paper seal account, Presiding Officer’s
declaration, Presiding Officer’s diary and any other paper as may be considered
necessary. (2)
Strong
room or rooms shall, after polled boxes and other records are put inside,
remain under lock and key and sealed by the Panchayat Returning Officer who
shall also invite the candidates or their election agents to put their seals. (3)
The
Panchayat Returning Officer shall put one competent officer in charge of the
strong room. If there are more than one strong rooms, more than one officer may
be given the charge. (1)
Subject
to such other directions as may be issued by the Commission, counting halls or
rooms shall be situated as near to the strong rooms as possible and under the
same roof with the strong rooms. If anywhere the counting hall and the strong
rooms do not share the same roof, a temporary, well protected covered
passageway may be erected for movement of polled ballot boxes. (2)
A
counting hall shall generally have not exceeding 20 counting tables in addition
to the table for Panchayat Returning Officer together with such other
arrangements as may be directed by the Commission. Each table shall be supplied
with such stationery and other articles as may be considered necessary. (1)
The
Panchayat Returning Officer shall exclude from the place fixed for counting of
votes all persons except, — (a)
counting
officers and counting assistants as he may appoint to assist him in the
counting, (b)
persons
authorised by the Commission, (c)
public
servants on duty in connection with the counting, and (d)
candidates,
their election agents and counting agents. (2)
Subject
to any direction issued by the Commissioner in this behalf, the Panchayat
Returning Officer shall decide which counting agent or agents shall watch the
counting process at any particular counting table or group of counting tables. (3)
Any
person who during the counting of votes misconducts himself or fails to obey
the lawful direction of the Panchayat Returning Officer may be removed from the
place where the votes are being counted, by the Panchayat Returning Officer or
if authorised by the Panchayat Returning Officer in this behalf, by any police
officer on duty or by any person. Admission to the place fixed for counting. The Panchayat Returning Officer shall, before
he commences the counting in each hall read out and explain the provisions of
section 108 to such persons as may be present in the hall. (1)
Subject
to such other directions as may be issued by the Commission, counting shall be
continuous and shall not be postponed or deferred until counting in respect of
all the three tiers are completed under the provisions of rule 86. There shall
be tier-wise counting and counting of one tier shall have to be completed
before counting of next tier is taken up. (2)
The
sealed covers shall be taken up for counting immediately before opening of
polled ballot boxes at the counting tables for each tier in the order as
referred to in rule 87. For this purpose, the Panchayat Returning Officer shall
keep segregated the related covers tierwise to avoid any mix-up. The procedure
for counting of votes in such sealed covers shall be as follows, — (a)
the
sealed covers relating to a Gram Panchayat constituency shall be sent to the
Counting Officer at the counting table who shall open them one after another in
presence of the candidates or their election agents; (b)
the
sealed covers relating to a Panchayat Samiti constituency shall be taken up for
counting by the Panchayat Returning Officer or the Assistant Panchayat
Returning Officer for the Panchayat Samiti constituency, as the case may be, in
charge of a counting hall when he shall open them one after another in presence
of the candidates or their election agents or counting agents; (c)
the
sealed covers relating to a Zilla Parishad constituency shall be taken up for
counting by the Panchayat Returning Officer or the Assistant Panchayat
Returning Officer for the Zilla Parishad constituency, as the case may be,
present at the counting venue when he shall open them one after another in
presence of the candidates or their election agents or counting agents; if he
is required to take up counting of more than one constituency, he may take up
such counting at a pre-appointed place within the counting Centre. (3)
The
counting officer or the Panchayat Returning Officer shall then proceed to
scrutinise all ballot papers in terms of rule 88 and make separate bundles of
candidate wise valid ballot papers and rejected ballot papers. (4)
All
valid votes received shall be counted and the total number of votes secured by
each candidate shall be recorded in the counting sheets in Form 19 in the
relevant column in respect of Gram Panchayat, Panchayat Samiti or Zilla
Parishad or Mahakuma Parishad election and the total votes secured by each
candidate shall then be announced. The counting officer shall take the bundles
of valid and rejected ballot papers to the Panchayat Returning Officer’s table
in the hall before taking up the polled ballot boxes for counting. (5)
Thereafter
all the valid ballot papers and all the rejected ballot papers shall be
separately bundled and kept together in a packet which shall be sealed with the
seal of the Panchayat Returning Officer and of such of the candidates or
election agents or counting agents as may desire to affix their seal thereon
and on the packet so sealed shall be recorded the name of the constituency, the
date of counting and a brief description of the contents. (1)
On
completion of counting of election duty votes under rule 103 for one tier, the
Panchayat Returning Officer shall order round wise and polling station wise
distribution of polled ballot boxes for that tier along with ballot paper
account in Form 18, paper seal account and such other records as may be
considered necessary by the Panchayat Returning Officer, at the counting
tables, such distribution being made in a systematic manner following the
sequence of polling stations so as to ensure that no ballot box is left out of
sight. (2)
The
counting officer may have more than one ballot boxes used at a polling station
including its auxiliary booth and the ballot papers found in any or all such
boxes shall be counted simultaneously. (3)
Before
any ballot box is opened at a counting table, the counting agents present at
that table shall be allowed to inspect the paper seal or such other seals as
might have been affixed thereon and to satisfy themselves that they are intact
and have not been tampered with. (4)
The
Panchayat Returning Officer shall also satisfy himself that none of the ballot
boxes has been tampered with. (5)
If
it appears to the counting officer that any of the boxes has been tampered
with, he shall immediately bring the matter to the notice of the Panchayat
Returning Officer in charge of the hall. The Panchayat Returning Officer on
being satisfied about it, shall stop counting of the ballot papers contained in
that box and shall forthwith bring the matter to the notice of the Commission
through the District Panchayat Election Officer for instruction. (1)
For
counting of ballot papers contained in the polled box or boxes relating to a
polling station, the counting officer shall take out the ballot papers from all
the boxes one by one in presence of the counting agents at the table. (2)
The
ballot papers taken out of the boxes shall be arranged in convenient bundles;
the counting officer shall then ascertain the total number of ballot papers
found in the box or boxes of the polling station and proceed to fill in the
columns in Part II of the ballot paper account in Form 18. In case of unusual
discrepancy as referred to in column 2 of Part II of the said Form, he shall
bring the matter to the notice of the Panchayat Returning Officer in charge of the
hall for instruction. (3)
The
Counting Officer shall then take up the ballot papers for scrutiny and
candidate wise sorting. (4)
(a)
Without prejudice to the power and authority of the Panchayat Returning Officer
in the matter, the counting officer shall reject a ballot paper on the grounds
mentioned in clause (a) to clause (h) read with the provisos of sub rule (2) of
rule 88 and shall follow the procedure referred to in sub-rule (3) to sub-rule
(5) of the said rule. In case of any doubt or dispute, he shall refer the
matter to the Panchayat Returning Officer in charge of the hall who shall take
up the matter and resolve finally. The rejected ballot papers shall be made
into a separate bundle. (b) In case of double-member Gram Panchayat
constituency when the votes are recorded in the ballot papers in Form 13 (2),
there may be occasions when the ballot paper is rejected for one seat and found
valid for another one; such ballot papers shall be treated as partly valid
ballot papers and shall be made into a separate bundle. (5)
All
the valid and partly valid ballot papers shall be sorted candidate wise and
made into convenient bundles and thereafter the counting officer shall, — (a)
in
case of a Gram Panchayat constituency, record the votes of each candidate in
Form 19A by putting 1 (one) mark representing one vote in the relevant column
of the candidate in a continuous row and on completion of the exercise in
respect of all the ballot papers, shall count total votes secured by each
candidate, fill in all other columns and sign the form after which the ballot
papers relating to each candidate shall be made into separate bundles when in
case of a double-member constituency, ballot papers shall be kept in common
bundles with partly valid ballot papers made into separate bundle; (b)
in
case of a Panchayat Samiti, Zilla Parishad or Mahakuma Parishad constituency,
count the number of votes in the bundles for each candidate, enter the total
number of votes for each candidate in the relevant column in Form 20, fill in
the other columns in the said Form and sign it and thereafter take the Form and
the bundles of valid and rejected ballot papers belonging to each candidate to
the Panchayat Returning Officer’s table. (6)
(a)
After completion of the exercise referred to in clause (a) of sub-rule (5), in
case of a Gram Panchayat constituency, the Counting Officer shall enter the
candidatewise figures obtained in Form 19 and Form 194A in the relevant columns
of Form 21, write down the grand total of votes secured by each candidate,
announce the same and after a little pause, sign the Form. (b) The Panchayat Returning Officer for
Panchayat Samiti constituencies, on receipt of the bundles of ballot papers and
the counting sheets in Form 20 and other papers from different counting tables
in the manner as provided in clause (b) of sub-rule (5), shall enter the
polling stationwise figures of votes obtained in different copies of Form 20 as
also in Form 19 relating to election duty votes secured by each candidate, — (i)
in
case of a Panchayat Samiti constituency, in Form 22, write down the grand total
of votes for each candidate, announce the same and after a little pause, sign
the Form; (ii)
in
case of a Zilla Parishad or Mahakuma Parishad constituency, in Form 22, write
down the total of votes for each candidate as obtained in that hall, announce
the same and after a little pause, sign the Form and send the completely filled
in Form to the Panchayat Returning Officer for Zilla Parishad constituencies; (c) The Panchayat Returning Officer for Zilla
Parishad constituencies, on receipt of the Form 22 duly filled in under
sub-clause (ii) of clause (b), shall treat them as sheets, assign continuous
serial number to each such sheet on the basis of ascending order of serial
number of polling stations for which votes are recorded thereon and enter the
sheetwise figures in another copy of the Form 22 as also figures of election
duty votes obtained in Form 19, write down the grand total of votes for each
candidate, announce the same and sign the Form. (1)
Subject
to any direction as may be issued by the Commission in this behalf, after the
completion of counting, in case of a Gram Panchayat constituency, the Counting
Officer after announcement of figures of total votes secured by each candidate
as recorded in Form 21 and in case of a Panchayat Samiti, Zilla Parishad or
Mahakuma Parishad constituency, the Panchayat Returning Officer concerned after
announcement of figures of total votes secured by each candidate as recorded in
Form 22 in terms of clause (b) of sub-rule (6) of rule 105, shall give a little
pause before putting his signature on such form. (2)
After
such announcement referred to in sub-rule (1) has been made, a candidate or in
his absence, his election agent or his counting agent may apply in writing to
the Counting Officer or the Panchayat Returning Officer, as the case may be,
for recount of votes either wholly or in part stating the grounds on which he
demands such recount. On receipt of such application, the Counting Officer or
the Panchayat Returning Officer, as the case may be, shall follow the
provisions laid down in sub-rule (3) to sub-rule (6) of rule 105 mutatis
mutandis. (1)
In
case of an election to a Gram Panchayat, the Counting Officer shall as soon as
counting of votes is completed and the result sheet in Form 21 is signed,
declare in Form 23 the candidate or candidates securing the highest number of
valid votes, as elected. He shall take the copy as also the bundles of valid
and rejected ballot papers and other related records to the Panchayat Returning
Officer-incharge of the hall. (2)
The
Panchayat Returning Officer shall, on receiving Form 21 and Form 23 under
sub-rule (1), inform the District Panchayat Election Officer and the
Commissioner of Panchayats and Rural Development of the results of the poll.
The District Panchayat Election Officer shall forthwith inform the Commission
of such result alongwith such other information as may be required by the
Commission. The Commissioner of Panchayats and Rural Development shall cause
the names of the elected candidates to be published in the Official Gazette. (3)
In
case of an election to a Panchayat Samiti, Zilla Parishad or Mahakuma Parishad,
the Panchayat Returning Officer concerned shall as soon as the counting of
votes is completed and the result sheet in Form 22 is signed, declare in Form
23 the candidate securing the highest number of valid votes as elected. He
shall then send copies thereof to the District Panchayat Election Officer,
Commissioner of the Division and the Commissioner of Panchayats and Rural
Development. The District Panchayat Election Officer shall forthwith inform the
Commission of such result along with such other information as may be required
by the Commission. The Commissioner of Panchayats and Rural Development shall
cause the names of the elected candidates published in the Official Gazette. (4)
Subject
to such directions as may be issued by the Commission in this behalf, when the
votes are equal, selection shall be made by lottery in such manner as the
Counting Officer or the Panchayat Returning Officer, as the case may be, may
deem fit. (5)
As
soon as may be after a candidate has been declared elected, the Counting
Officer in respect of Gram Panchayat election, shall grant to an elected
candidate a certificate of election in Form 24 and obtain from the candidate an
acknowledgement of its receipt duly signed by him and immediately take the
acknowledgement to the Panchayat Returning Officer in charge of the hall and in
respect of Panchayat Samiti, Zilla Parishad or Mahakuma Parishad election, the
Panchayat Returning Officer concerned shall grant to an elected candidate a
certificate of election in Form 24 and obtain from the candidate an
acknowledgement of receipt duly signed by him (1)
Subject
to such other directions as may be issued by the Commission, the Panchayat
Returning Officer shall arrange for sealing and packing of used ballot papers
and other records and the provisions contained in rule 93 shall be followed
mutatis mutandis for this purpose. (2)
The
Panchayat Returning Officer shall make adequate arrangement for safe custody of
such sealed packets and also other papers as referred to in rule 94. CHAPTER III COUNTING OF VOTES AT A CENTRAL
PLACE WHERE EVMS ARE USED (1)
The
Panchayat Returning Officer may have the control units of the EVMs used at a
polling station including auxiliary booth taken up for scrutiny and inspection
and votes recorded in such units counted simultaneously. (2)
Before
the votes recorded in any control unit of an EVM are counted under sub-rule
(1), the candidate or his election agent or his counting agent present at the
counting table shall be allowed to inspect the paper seal and such other seals
as might have been affixed on the unit and to satisfy themselves that the seals
are intact. (3)
The
Panchayat Returning Officer shall also satisfy himself that none of the EVMs
has been tampered with. (4)
If
the Panchayat Returning Officer is satisfied that any EVM has been tampered
with, he shall not count the votes recorded in that EVM and shall bring the
matter to the notice of the Commission through the District Panchayat Election
Officer and seek their instruction. (1)
Before
commencement of counting in a hall, the Panchayat Returning Officer shall, for
the purpose of maintenance of secrecy of voting, read out and explain the
provisions of section 108 to such persons as may be present in the hall. (2)
The
Panchayat Returning Officer shall at first take up the sealed covers and for
this purpose the procedure referred to in rule 103 shall be followed. (3)
After
completion of procedure referred to in subrule (2), the EVMs shall be
distributed to the counting tables in the hall in the manner referred to in
rule 104. The Counting Officer shall have the votes recorded therein counted by
pressing the appropriate button marked “Result” provided in the control unit
whereby the total votes polled and votes polled by each candidate shall be
displayed in respect of each such candidate on the display panel provided for
the purpose in the unit. (4)
As
the votes polled by each candidate are displayed on the control unit, the
Panchayat Returning Officer shall have, — (a)
the
number of such votes recorded separately in respect of each candidate in Part
II of Form 18A, (b)
Part
II of Form 18A completed in other respects and signed by the Counting Officer
and also by the candidates or their election agents or their counting agents
present, and (c)
corresponding
entries made in a result sheet in Form 21A or Form 22A as the case may be and
shall announce the particulars so entered in the result sheet. (5)
After
Form 21A or Form 22A as the case may be, has been completely filled in, the
Counting Officer or the Panchayat Returning Officer as the case may be, may
follow the procedure referred to in rule 106 in case an application for recount
of votes is received and shall declare the results of election and issue
certificate of election in the manner laid down in rule 107. (1)
After
the result of voting recorded in control unit has been ascertained
candidate-wise and entered in Part II of Form 18A and the result sheet has been
filled in subject to such direction as may be issued by the Commission, the
Panchayat Returning Officer concerned shall take out the detachable memory from
the control unit of an EVM and seal such memory with his seal and seal of such
of the candidates or their election agents present who may desire to affix
their seals thereon so that the detachable memory retains the memory of such
result as has been recorded in it: Provided that if a control unit does not have
any detachable memory, or such detachable memory cannot be separated for any
reason, the control unit shall be sealed in the similar manner and all
provisions in this rule relating to the detachable memory, shall apply to such
sealed control unit. (2)
The
detachable memory or the control unit, as the case may be, so sealed shall be
kept in specially prepared boxes on which the Panchayat Returning Officer,
conducting the counting, shall record the following particulars, namely, — (a)
the
names of the constituencies of each tier for which the election has been held, (b)
the
particulars of polling station where the control unit has been used, (c)
the
serial number of the control unit, (d)
the
date of poll, and (e)
the
date of counting. (3)
The
detachable memory or the control unit, as the case may be, preserved shall not
be opened or inspected by, or produced before, any person or authority except
under an order of the competent court. (4)
All
detachable memories used at an election shall be kept in the custody of the
concerned Panchayat Returning Officer or an officer authorised by the
Commission in this behalf for a period not less than thirty days from the date
of declaration of the result and the memory, so preserved in the detachable
memory, shall not be erased thereafter except under the orders of the
Commission, for use of the same in any subsequent election. (5)
Subject
to such directions as may be issued by the Commission in this behalf, the
Panchayat Returning Officer shall keep in his safe custody all the sealed
packets referred to in rule 79. PART VI CHAPTER I Miscellaneous For the purpose of any
bye-election under section 124, the provisions of these rules for conduct of
elections shall apply mutatis mutandis: Provided that the nature of
reservation as determined for that seat or constituency as the case may be, at
the time of preceding general election shall remain unaltered. While in the custody of the
Panchayat Returning Officer, (d)
the packets of unused ballot with counterfoils attached thereto, (e)
the packets of used ballot papers whether valid, tendered or
rejected, (f)
the packets of the counterfoils of used ballot papers, (d) the
packets of marked copies of electoral roll, and (g)
control unit or the detachable memory of such unit where EVM is
used Shall not be opened and their contents shall not be inspected by, or
produced before, any person or authority except under order of a competent
court. Subject to any direction to the contrary
given by the Commission or by a competent court, (d)
the packets of unused ballot papers referred to in clause (a) of
rule 113 shall be retained for a period of three months from the date of
declaration of the result and shall thereafter be destroyed in such manner as
may be directed by the Commission, (e)
the packets referred to in clause (b), clause (c) and clause (d)
of rule 113 shall be retained for a period of six months from the date of
declaration of the result and such packets shall not be destroyed except with
the approval of the Commission, (f)
the control unit or the detachable memory of such unit as referred
to in clause (e) of rule 113 shall be retained for a period of six months from
the date of declaration of the result and shall thereafter be waived subject to
the approval of the Commission, (g)
all other papers relating to election shall be retained for a
period of six months from the date of declaration of the result and shall
thereafter be destroyed. An order for requisition of any
premises, vehicles, vessels and animals under section 127 shall be served on
the person being owner of the property or In possession of the property in any
of the following manner, (a)
in person. (b)
in his absence, service may be made on any adult member of the
family, whether male or female, residing with him, (c)
in case of corporation or firm, the service may be made on any
manager or agent who works for such corporation or firm and is empowered to
accept service. (d)
by post. (e)
by courier service, (f)
if a person cannot be found, by affixing the copy of such order to
some conspicuous part of the premises in which he is known to have last resided
or carried on business, or personally worked for gain. CHAPTER II Repeal and Savings (1)
The West Bengal Panchayat (Election) Rules, 1974 is hereby
repealed. (2)
Notwithstanding such repeal anything done or any action taken
under the said rules shall be deemed to have been validly done or taken under
these rules. [1] Published
in the Kolkata Gazette Extraordinary, Part I, dated 1.12.2006, vide
Notification No. 5597/PN/O/1/3R-3/2004, dated 1st December, 2006. [2] Proviso
inserted by Clause (1)(a) of Notification No. 5410/PN/O/1/3R-3/2004, dated
7.12.2007. [3] Proviso
inserted by Clause (1)(b), ibid, dated 7.12.2007. [4] Proviso
inserted by Clause (1)(c), ibid, dated 7.12.2007. [5] Proviso
Inserted by Clause (2)(a) of Notification No. 5410/PN/O/1/3R-3/2004, dated
7.12.2007. [6] Proviso
inserted by Clause (2)(b), ibid, dated 7.12.2007. [7] Proviso
inserted by Clause (2)(c) of Notification No. 5410/PN/O/1/3R-3/2004, dated
7.12.2007. [8] Proviso
inserted by Clause (3)(a) of Notification No. 5410/PN/O/1/3R-3/2004, dated
7.12.2007. [9] Proviso
Inserted by Clause (3)(b), ibid, dated 7.12.2007. [10] Proviso
inserted by Clause (3)(c), ibid, dated 7.12.2007. [11]
Sub-rule
(3) substituted by Clause (4) of Notification No. 5410/PN/O/1/3R-3/2004, dated
7.12.2007, earlier which was as follows: "(3) Every ballot paper shall be of such design as may be
directed, by order, by the Commission.".WEST BENGAL PANCHAYAT ELECTIONS RULES, 2006
PREAMBLE
Rule - 26. Delimitation of constituencies of Zilla Parishad or Mahakuma Parishad, assignment of serial numbers for the constituencies and reservations thereof and manner of publication of order.